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MANZOOR HUSSAIN MAGSI vs State S — 2023 PCrLJN 18 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 18 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
MANZOOR HUSSAIN MAGSI vs State S
Subject matter
Criminal
Provisions referred to
S. 497---C; S. 161; Narcotic Substances Act (XXV of 1997)

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

MANZOOR HUSSAIN MAGSI VS State S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 6 & 9(c)---Possession of narcotics---Bail, refusal of---Recovery of 5 kilos 40 grams of Charas---First Information Report was lodged on the same day of incident---Accused was apprehended at the spot during routine patrolling duty by the complainant and his subordinate staff---Huge quantity of Charas was recovered from exclusive possession of accused in presence of two official witnesses, who had no inimical terms with the accused---Prosecution witnesses in their statements under S. 161, Cr.P.C. stamped version of the FIR and did not make any departure from the same---Whole property recovered from the possession of the accused was sent to Chemical Examiner without any delay and the positive chemical report was on record which prima-facie showed the involvement of the accused in the case, which appeared to be serious and heinous in nature---Charge was framed by the Trial Court and all prosecution witnesses were in attendance but due to late appearance of counsel for accused and by consent matter was adjourned for evidence---Material was not to be evaluated against the accused in depth at bail stage---Case of co-accused was altogether different to the case of present accused---Accused was also involved in other criminal cases---Sufficient material against the accused was available on record---Bail to accused was refused, in circumstances.

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