Mst. Nazia vs State S — 2024 MLD 843 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 MLD 843 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: MLD
Parties: Mst. Nazia vs State S
Subject matter: Criminal
Provisions referred to: S. 497---C; S. 9; S. 497; 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

Mst. Nazia VS State S. 497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Possession and transportation of narcotics---Bail, grant of---Further inquiry---Petitioners were found in possession of four kilograms charas, 2.5 kilograms ICE and 500 grams heroin powder---Contention of the petitioners was that police party picked them up and kept them at an unknown place and booked them in the present case; and that there was no recovery from their possession and the recovery had been foisted upon them---Validity---Perusal of the record showed that the petitioners (accused females) were behind the bars since their arrest and the case was pending trial before the Trial Court---Contention of the petitioners were not rebutted by the Prosecutor ANF, creating doubt, benefit of which would go to the petitioners---Object of bail was to secure the appearance of the accused person at trial by reasonable amount of bail---Cases which did not fall within the prohibitory clause of S.497, Cr.P.C., bail was to be granted as a rule and refusal was an exception---As per F.I.R the narcotics were recovered from the possession of co-accused and not from the present petitioners and the point of selling or purchasing the narcotics would be decided after the evidence was recorded---No exceptional circumstances appeared in this case to withhold bail of the applicants at this stage---To curtail the liberty of a person was a serious step in law---Bail applications were allowed, in circumstances.

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