Wali Muhammad vs State S — 2025 YLR 2803 KARACHI-HIGH-COURT-SINDH

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Wali Muhammad VS State S. 497---Sindh Prohibition of Preparation, Manufacturing, Storage, Sale and Use of Gutka and Mainpuri Act, 2019 (III of 2020), S. 8(i)---Recovery of Gutka---Bail, grant of---Further inquiry---Allegation against the accused-applicant was that 20-kilogram Gutka was recovered from his possession---Record reflected that the alleged recovery was affected within a populated area, yet no private person was associated as witness to the arrest and recovery proceedings---All the witnesses were Police Officials and therefore, there appeared much lesser apprehension of Tempering with the evidence by the accused---Challan had been submitted before the Court having jurisdiction, and investigation of the case was complete, therefore, custody of applicant was not required for any further investigation or recovery---Section 8 provided punishment for violation of S.4 of the Act 2019 as up to 03 years, and that same shall not be less than 01 year and fine of Rupees two lac---As per settled principles, lesser sentence was to be considered while deciding the question of bail---In the present case, even if maximum punishment was considered for the sake of argument, it was 03 years, which did not fall within the prohibitory clause of S.497, Cr.P.C., hence grant of bail in such cases was a matter of right for the accused, while refusal was an exception---Moreover, the grounds for denial of bail were the likelihood of the petitioner's abscondence to escape trial; his tampering with the prosecution evidence or influencing the prosecution witnesses to obstruct the course of justice; or his repeating the offence keeping in view his previous criminal record---Prosecution had to show if the case of the petitioner fell within any of those exception on the basis of the material available on the record---Deeper appreciation of evidence would not be permissible at the stage of hearing of bail application---Based upon the tentative assessment of the record, case of further inquiry was made out by the applicant---Bail application was allowed, in circumstances.

Wali Muhammad vs State S — 2025 YLR 2803 KARACHI-HIGH-COURT-SINDH

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