Syed Abdul Qadir vs State S — 2026 MLD 955 KARACHI-HIGH-COURT-SINDH

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Syed Abdul Qadir VS State S.497---Bail order---Observations of the Court---Scope---Observations made in bail order are tentative in nature and would not influence the Trial Court while deciding the case on merits. Citation Name: 2026 MLD 955 KARACHI-HIGH-COURT-SINDHBookmark this Case Syed Abdul Qadir VS State S. 497(2)---Drugs act (XXXI of 1976), Ss. 23 & 27---Penal Code (XLV of 1860), S. 109---Selling of spurious drugs, abetment---Bail, grant of---Further inquiry---allegations against the accused/ applicants were that they were selling spurious drugs---admitted position was that the applicants were in judicial custody since the date of their arrest i.e. 26.07.2024, for the last about sixteen months---Federal Investigation agency had submitted the charge-sheet against them; however, their trial was not commencing for want of quorum of the Trial Court, which should consist of two members and one Chairman---accused had a right to a speedy trial and he could not be kept behind the bars for an indefinite period without trial---Right to a speedy trial protected individuals from being held in jail for extended periods, sometimes for years, without trial---admitted position was that despite prior information, FIa police failed to associate any private person to witness the recovery of alleged fake/un-registered/spurious drugs, details whereof had not been mentioned in the FIR with names of the drugs and quantities; as such, the guilt of the applicants fell within the ambit of further inquiry as contemplated under subsection (2) of S.497, Cr.P.C---alleged offences as defined under Ss.23(1)(a)(i), (vii) (x), 23 (1) (b) & 23 (1) (i) of the act were punishable under S.27 (ibid) with imprisonment for a term which shall not be less than five years or more than ten years---However, at the stage of bail, the lesser of two punishments was to be taken into consideration, as the quantum of punishment could only be decided by the Trial Court after recording of evidence---Bail application was allowed, in circumstances.

Syed Abdul Qadir vs State S — 2026 MLD 955 KARACHI-HIGH-COURT-SINDH

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