MUHAMMAD RAMZAN vs State Ss — 2023 MLD 625 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 625 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: MUHAMMAD RAMZAN vs State Ss
Subject matter: Criminal
Provisions referred to: S. 25; S. 103; S. 497; Narcotic Substances Act (XXV of 1997); Narcotic Substances Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD RAMZAN VS State Ss. 497 & 103---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) & 25---Trafficking of narcotics---Bail, refusal of---Mode of making searches and arrest---Non-association of independent witnesses---Scope---Accused was alleged to have been apprehended while transporting 2.5 kilograms of methamphetamine which was concealed in a cavity specially designed for concealment under the bus---Accused was admittedly working as Munshi at the bus stand and at this stage his involvement in trafficking the narcotics could not be ruled out---No enmity, ill-will or grudge was alleged against the prosecution witnesses; on the contrary, sufficient material was brought on record by the prosecution on the record---So far as contention of the accused that recovery was not witnessed by persons from public was concerned, High Court observed that S. 25 of Control of Narcotic Substances Act, 1997, excluded the application of S. 103, Cr.P.C.---Larger interest of the public and State demanded that in case of huge recovery of contraband stuff, the discretion under S. 497, Cr.P.C., should not be exercised liberally---Bail application was dismissed, in circumstances.

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