-Bail after arrest, grant of--On his personal search charas weighing 6 kilograms was recovered--Petitioner along with his wife was also booked by police in another criminal case-

 PLJ 2022 Cr.C. (Note) 50

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497--Control of Narcotic Substances Act, 1997 (XXV of 1997),
S. 9(c)--Bail after arrest, grant of--On his personal search charas weighing 6 kilograms was recovered--Petitioner along with his wife was also booked by police in another criminal case--In aforementioned criminal case accused’s wife was shown to be apprehended by police whereas petitioner was presented a having fled away--Wife of accused was granted bail by High Court--Benefit of which ought to be extended to petitioner at bail stage--The veracity of allegations levelled against him can best be thrashed after recording evidence at trial stage--Admitted to post arrest bail.                                                                                                

                                                                            [Para 2, 3 & 4] A & B

Hafiz Muhammad Abu Bakar Ansari, Advocate for Petitioner.

Syed Nadeem Haider Rizvi, Deputy Prosecutor General for State.

Date of hearing: 10.12.2020.

 PLJ 2022 Cr.C. (Note) 50
[Lahore High Court, Multan Bench]
Present: Ch.Abdul Aziz, J.
Syed GHULAM MURTAZA SHAH--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 7172-B of 2020, decided on 10.12.2020.

Order

Syed Ghulam Murtaza Shah (petitioner) seeks bail after arrest in case FIR No. 665 dated 16.07.2020, registered under Section 9(c) of the Control of Narcotic Substances Act, 1997 at Police Station Multan Cantt.

2. Precisely stated the case of prosecution as gleans from the crime report is to the effect that on 16.07.2020 at about. 2:30 a.m. Altaf Hussain SI along with police officials was on patrolling duty at Bahman G. Chowk; that on seeing the police party a corolla car tried to turn back, which was stopped on suspicion; that during, interrogation the accused disclosed his name as Ghulam Murtaza Shah and on his personal search charas weighing 6 kilograms was recovered.

3. After hearing the learned counsel for the parties and perusing the record, it is observed that petitioner along with his wife namely Asia Bibi was also booked by the police in another criminal case vide FIR No. 655 dated 15.07.2020, under Section 9(c) of the Control of Narcotic Substances Act, 1997, at Police Station Multan Cantt. It is observed that in the aforementioned criminal case Asia Bibi was shown to be apprehended by the police whereas petitioner was presented a having fled away. In the aforesaid case Asia Bibi was granted bail by this Court vide order dated 01.10.2020 passed in Crl. Misc. No. 5638 of 2020. The relevant extract of the bail granting order is reproduced hereunder:

“4. It evinces from the perusal of record that petitioner stands arrested in the case with the allegation of having been found in possession of 2200 grams of charas. There is no cavil to the proposition that persons dealing in narcotics deserve no leniency as they have not only destroyed our generation but also spoiled the social fabric. At the same time it goes without saying that fate of every criminal case is to be decided on the basis of available record without being driven by sentiments and emotions.

5. In the wake of facts mentioned above, record of the case is perused with utmost circumspection and it is noticed that in March, 2017 petitioner got registered a criminal case vide FIR No, 70/17 against Muhammad Ashfaq SI under Section 376, PPC, which is still pending. A reasonable inference can be drawn from the pendency of the above mentioned FIR that the petitioner was having background of hostility with the police officials. There is yet another factor discernible from the record which adversely reflects upon the case of prosecution. In this regard it is noticed that another FIR No. 665/2020 under Section 9(c) of the Control of Narcotic Substances Act, 1997 was registered at Police Station Cantt. on 16.07.2020 against husband of petitioner namely Syed, Ghulam Murtaza with the allegation of having been arrested while in possession of 2 K.g of charas. In the said FIR husband of petitioner was shown to be boarding vehicle Registration No. BED/113 and statedly recovery was effected on 16.07.2020. With the instant petition record of the Extreme Track company is annexed from which it evinces that from 14.07.2020 at 4:54 p.m. the vehicle is parked in the office of DSP Multan Cantt.

6. From the facts mentioned above, it prima facie appears that the defence put forth by the petitioner of having been implicated in the case due to enmity with the police have some shared of truth in it. For the foregoing reasons the request of petitioner for her entitlement to bail, appears to have some force.”

4. From the facts mentioned above, it reasonably divulges that the petitioner has been involved in this case due to nefarious designs of the police, the benefit of which ought to be extended to the petitioner at bail stage. The veracity of allegations levelled against him can best be thrashed after recording evidence at trial stage. Therefore, the instant petition is accepted and petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs. 5,00,000/- with two sureties in the like amount to the satisfaction of the learned trial Court.

(A.A.K.)          Bail allowed