Muhammad Awais vs State S — 2025 YLR 1908 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Muhammad Awais VS State S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), 9(c)---Possession of narcotic substance---Bail, grant of---Further inquiry---Allegation against the applicant was that he was found in possession of 1100-grams charas---Admitted fact on record that the brother of applicant had filed an application under S.491, Cr.P.C, alleging illegal detention of applicant at Police Station, however, the same was dismissed due to non-recovery of the applicant in the raid, proceeding conducted by the Magistrate---One more shocking thing was that the SHO of the Police Station who had produced copy of instant FIR before the Court on 08.03.2025 and on the basis of said FIR, the application under S.491, Cr.P.C, moved by his brother was dismissed---Now question arose how the SHO of concerned Police Station knew that applicant was arrested by SHO of other police station, meaning thereby the SHO Police Station concerned had taken away accused and then handed over/shifted his custody to SHO of other Police Station, who subsequently implicated the applicant in this case by foisting contraband---Hence, the defence plea was quite reasonable and carried weight---Surprisingly, a person hailing from a town was booked by SHO, Police Station, which stations was at quite different part of the province; hence, it did not apply to a prudent mind that a person, who had no previous CRO could travel such a long distance along with meager quantity of contraband---Documentary evidence adduced reflected that the police had extended their helping hand to the opponents of the applicant and thereby involved him in that false case by foisting contraband upon him---No independent person was shown to have witnessed the alleged recovery, though the place of recovery was said to be busy area of the town---Further, the police also failed to make video recordings/ take photographs of the search, seizure and arrest---Applicant was in jail since the date of his arrest---Section 9(1) of the Act provided punishment with imprisonment up-to fourteen years and not less than nine years for possessing, importing, or exporting and trafficking 'charas' in contravention of Ss. 6, 7 & 8 of the Act, for more than 1000 grams and up-to 4999 grams in quantity---At bail stage lesser punishment was to be considered---Quantum of punishment could only be decided by the trial Court after recording pro and contra evidence at trial---No previous record showing involvement of the applicant in any crime of the like nature had been placed---In such circumstances, the case of the applicant was squarely fell within the purview of further enquiry, as contemplated by S.51(2) of the Act, read with S.497(2), Cr.P.C.---Bail application was allowed accordingly.

Muhammad Awais vs State S — 2025 YLR 1908 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2025 YLR