Muhammad Asif vs State S — 2025 YLR 2764 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 2764 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Muhammad Asif vs State S
Subject matter: Criminal
Provisions referred to: S. 497; S. 9; 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

Muhammad Asif VS State S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), S. 9(2), Sr. No. (5)---Possession of ICE-methamphetamine---Bail, grant of---Further inquiry---Allegation against the accused-applicant was that 810-gram methamphetamine was recovered from his possession---Record showed that the applicant was not present at the time of the alleged recovery of the parcel containing contraband ICE (Methamphetamine) and there was no evidence of his exclusive possession of the substance---Prosecution had neither alleged that the contraband was recovered pursuant to any disclosure, identification or involvement of the applicant nor adduced credible proof to establish the applicant's conscious knowledge or intentional possession of the narcotic substance---Such failure to substantiate a direct nexus between the applicant and the contraband critically eroded the foundational linkage necessary to implicate him in the alleged offence---Possibility existed that the applicant's identity was misused or that an impersonation occurred, warranting further inquiry---Prosecution had failed to establish a prima facie case strong enough to justify the denial of bail---While narcotics-related offences were indeed serious, the gravity of the offence alone could not be the sole ground for refusing bail---Thus, based on the prosecution's material in its present form, the case fell within the scope of further inquiry as envisaged under S.497(2), Cr.P.C.---Bail application was allowed, in circumstances.

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