Muhammad Yousif vs State S — 2025 MLD 730 KARACHI-HIGH-COURT-SINDH

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Muhammad Yousif VS State S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotic substances---Bail, grant of---Further inquiry---Prosecution case was that 2240-grams charas was recovered from the possession of the accused/applicant---Alleged recovered narcotic substance was dispatched to the Chemical Examiner on the next day of its recovery---Chemical report was positive---However, there appeared a remarkable difference between the gross weight of charas i.e. 2240-grams, and the net weight of charas which weighed 2236-grams---In such circumstances, the question was whether the applicant could be saddled with possession and transporting the narcotic in terms of S.9(i)(3)(c) of the Control of Narcotic Substances (amended) Act, because the applicant had been shown to have been arrested and police allegedly found black shopper bag containing purported four big and one small dark brown pieces of charas, whereas the applicant claimed that he was arrested from his house---Besides, the defence had also levelled allegations against the prosecution witnesses of their malice in the matter---In the present case, the guilt or innocence of the applicants was yet to be determined by the Trial Court---Prosecution had not placed any material to establish that the applicant was a previous convict---Merely being involved in the same and similar offences in the past could not be a ground to refuse bail as the case could be decided on merit, therefore, the record could not be cited as precedent to refuse bail on that point---False implication could be judged by the Trial Court as the prosecution had sufficient time to comply with the law that the police and members of the Anti-Narcotics Force failed to record or photograph when search, seizure or arrest was made, as the law permitted the use of modern device or techniques---In the present case, the police had failed to apply the modern devices at the time of arrest and recovery of narcotic substance---Such facts and circumstances of the case had made it a case of further inquiry---Bail application was allowed, in circumstances.

Muhammad Yousif vs State S — 2025 MLD 730 KARACHI-HIGH-COURT-SINDH

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