Muhammad Yousif Jatoi vs State S — 2025 MLD 128 KARACHI-HIGH-COURT-SINDH

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Muhammad Yousif Jatoi VS State S. 497 (2)---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Possession of narcotic substance---Bail, grant of---Further inquiry---Allegedly 3000 grams charas was recovered from possession of the accused-petitioner---Record showed that the police recovered charas from the possession of the petitioner when he was on the road which was a public thoroughfare, yet no independent person had been cited as witness or mashir in the case---No doubt, the evidence of the Police Officials is as good as other witnesses, but when the whole case rests upon sole evidence of Police Officials, their evidence requires deep scrutiny at trial---Besides, the stance/defence plea taken by the applicant that he was arrested by police during raid at his home one day prior to registration of instant FIR had got some force in view of the documentary proof i.e. memo. of an application dated 09.01.2024 filed by mother of applicant, under Ss.22-A & 22-B, Cr.P.C.---Furthermore, according to Amendment of 2022 in Control of Narcotic Substances Act, 1997, the punishment provided for possessing 1000-grams to 4999-grams of chars had been extended to fourteen years and not less than nine years along with fine---Courts had to consider minimum/lesser quantum of sentence, particularly at bail stage---Bail was not to be withheld as a punishment as there was no legal or moral compulsion to keep people in jail merely on the allegation that they had committed offences punishable with death or transportation for life, unless reasonable grounds appeared to exist to disclose their involvement---Ultimate conviction and imprisonment of a guilty person could repair the wrong caused by a mistaken relief of bail granted to him, but no satisfactory reparation could be offered to an innocent man for his unjustified confinement in case of his acquittal in the long run---More-so, since all the prosecution witnesses in the case were Police Officials, therefore, there was no apprehension of tampering with the evidence on the part of petitioner if he was released on bail---Applicant also appeared to be first offender, as there was no such material on record that he was already challaned and/or convicted in any other case of similar nature---Besides, applicant had been in jail for more than three months; the investigation of the case had been finalized, and physical custody of the petitioner was no more required by police for the purpose of investigation---Bail application was allowed, in circumstances. Citation Name: 2025 MLD 128 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Yousif Jatoi VS State S. 497---Bail order---Observations of Court---Scope---Observations made in the bail order are tentative in nature, which should not prejudice the case of either party in the trial.

Muhammad Yousif Jatoi vs State S — 2025 MLD 128 KARACHI-HIGH-COURT-SINDH

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