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Citation Name: 2025 PCrLJ 1597 KARACHI-HIGH-COURT-SINDHBookmark this Case Mst. Moeena vs State S — 2025 PCrLJ 1597 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 PCrLJ 1597 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
PCRLJ
Parties
Citation Name: 2025 PCrLJ 1597 KARACHI-HIGH-COURT-SINDHBookmark this Case Mst. Moeena vs State S
Subject matter
Criminal
Provisions referred to
S. 497---C; S. 9; 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

Citation Name: 2025 PCrLJ 1597 KARACHI-HIGH-COURT-SINDHBookmark this Case Mst. Moeena VS State S. 497---Control of Narcotic Substances Act (XXV of 1997), S.9(1), Sr. No.3(c)---Possession of narcotic substances---Bail, refusal of---Allegations against the accused-applicant was that 1050-grams charas was recovered from her possession--- Record revealed that the applicant was apprehended red-handed and a substantial quantity of contraband (1,050 grams of charas) was recovered from her immediate possession---Applicant had not been able to establish any enmity or ill-will of the police to justify her false implication---Absence of private witnesses did not per se invalidate the recovery, as the Police Officers were competent witnesses under the law---Quantity squarely fell within the ambit of S.9(1), Sr. No. 3(c) of the Control of Narcotic Substances Act, 1997 (as amended in 2022), which prescribed a punishment of imprisonment extending up to fourteen years but not less than nine years, in addition to a fine ranging from a minimum of eighty thousand rupees to a maximum of four hundred thousand rupees---Offence in question fell within the prohibitory clause of S.497(1),Cr.P.C, thereby precluding the applicant/accused from claiming bail as a matter of right or concession---Plea of medical illness did not, by itself, justify the grant of bail, especially in cases involving serious narcotic offences---Applicant had failed to make out a case for further inquiry under S.497(2),Cr.P.C.---Given the prima facie evidence, the serious nature of the offence, the huge quantity of contraband recovered and the lack of reasonable grounds for further inquiry, the applicant had not been able to make out a case for bail---Serious nature of the allegations and the severity of the potential punishment further eliminated any presumption in favour of granting bail---Consequently, bail application was accordingly dismissed.

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