MUHAMMAD alias MANDO MALLAH vs THE STATE
This matter concerns a post-arrest bail application filed by the applicant, Muhammad alias Mando Mallah, who was charged with the possession of narcotics. The prosecution alleged that the applicant was observed selling Charas in a public street and subsequently fled the scene on a motorcycle, dropping a bag containing 500 grams of Charas which was recovered by the police. The applicant's bail plea was initially rejected by the Sessions/Special Judge (CNS) Dadu. Before the High Court, the applicant contended that he was not apprehended at the scene, no recovery was made from his person, and the police failed to associate any private witnesses (Mashirs) despite the incident occurring in a populated area during daylight. The State Counsel conceded to the grant of bail. The Court, finding that the prosecution's narrative warranted further inquiry, held that the applicant was entitled to relief. Consequently, the Court granted post-arrest bail, ordering the applicant's release subject to the furnishing of a solvent surety in the sum of Rs. 1,00,000 and a personal recognizance bond in the like amount.
- Does the failure to associate private witnesses (Mashirs) in a narcotics recovery case warrant the grant of bail for further inquiry?
- Is an accused entitled to bail when the prosecution fails to establish a direct recovery of narcotics from the person of the accused?
- Does the prosecution's narrative regarding the recovery of narcotics from a fleeing suspect require further judicial inquiry at the bail stage?
- Section 497, Code of Criminal Procedure 1898
ORDER
1. ' It is the case of the prosecution that applicant Muhammad alias Mando alongwith another person was selling Charas in a public street near the house of Khair Muhammad within the jurisdiction of P.S. Johi, District Dadu. On receiving the spy information police party on 14-10-2003 reached at, the notified place where they saw the present applicant and another person alongwith a motorcycle.
2. On seeing the police party the applicant and the co-accused made their escape good. However, while running from the place of incident on a motorcycle, a bag "Theli" fell down which was taken by the police in its possession. 15 pieces of Charas weighing 500 grams were recovered from the said Theli. Out of which 2 pieces were separately sealed for chemical analysis and the remaining material was also sealed. Such F.I.R. Was lodged at P.S. Johi, District Dadu on the same day.
3. ' Bail application filed on behalf of the applicant was rejected by the learned Sessions/Special Judge (CNS) Dadu on 9-3-2004, whereafter the applicant approached to this Court.
4. ' Mr. Shafi Muhammad Memon learned counsel for the applicant has mainly contended that the applicant was neither arrested from the spot nor anything was recovered from his person so as to connect him with the commission of the alleged offence. Learned counsel has further contended that despite having received the spy information, no private person was associated as a Mashir though the alleged incident is shown to have taken place during the day time in a town area.
5. Learned counsel has further argued that story as narrated in the F.I.R. Does not inspire confidence and calls for further inquiry.
6. ' On the other hand, Mr. Habib Ahmed learned State Counsel keeping in view all the facts and circumstances of the case has rightly conceded to the grant of bail.
7. ' We feel inclined to order for release of the applicant on bail provided he furnishes one solvent surety in the sum of Rs,1,00,000 and P.R. Bond in the like amount to the satisfaction of the learned trial Court.