Ghulam Hussain vs State S — 2026 PCrLJ 196 KARACHI-HIGH-COURT-SINDH

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Ghulam Hussain VS State S. 497---Post-arrest bail---Deeper appreciation of evidence---Scope---Deeper appreciation of evidence is not permissible at the bail stage. Citation Name: 2026 PCrLJ 196 KARACHI-HIGH-COURT-SINDHBookmark this Case Ghulam Hussain VS State S.497---Post arrest bail, refusal of---Claim of false implication---Tentative assessment---Scope---Claim of false implication is an issue that cannot be attended without going beyond the barriers of tentative assessment and is an exercise prohibited by law. Citation Name: 2026 PCrLJ 196 KARACHI-HIGH-COURT-SINDHBookmark this Case Ghulam Hussain VS State S. 25---Criminal Procedure Code (V of 1898), S. 103---Non-association of private witnesses---Exclusion of S. 103, Cr.P.C.---Police witnesses---Evidentiary value---Section 25 of the Act specifically excludes applicability of S. 103, Cr.P.C---Such conscious exclusion by the legislature in the cases of narcotics, actually highlights lack of cooperation and willingness from private witnesses being associated in the process of recovery, as a usual conduct symptomatic of social apathy towards civic responsibility---Members of State functionaries are second to none in their status and their acts are statutorily presumed, prima facie, intra vires. Citation Name: 2026 PCrLJ 196 KARACHI-HIGH-COURT-SINDHBookmark this Case Ghulam Hussain VS State S.497---Control of Narcotic Substances Act (XXV of 1997) [as amended by the Control of Narcotic Substances (Amendment) Act, 2022], Ss. 6. 9(1), Sr.No. 3(c), 25 & 51---Recovery of 2-kg charas on spy information---Post arrest bail, refusal of---Red-handed seizure of considerable quantity of the contraband; timely sending of the samples to laboratory; absence of animosity and ill motives; applicability of S. 25 of the Control of Narcotic Substances (Amendment) Act, 1997, (Act); the nature of the crime and its serious implications on overall society; and the legal jurisprudence on the subject as developed so far were the reasons which convinced the High Court to reach to the prima facie assessment that reasonable grounds existed to connect the applicant with the alleged crime, which brought him within the remit of 'Prohibition', as contemplated by S. 51 of the Act; thus, no case of further inquiry was made out which could entitle him to bail---Calendar of witnesses appeared to be short suggesting likelihood of early conclusion of trial without unnecessary delay---Unless the High Court at the very outset was satisfied that the charge against the accused appeared to be false or groundless, the discretion under S. 497, Cr.P.C., could not be exercised with regards to offences, which were punishable with death or imprisonment for life---Bail had been declined by High Court in identical circumstances even for lesser quantities---Post arrest bail was dismissed, in circumstances. Citation Name: 2026 PCrLJ 196 KARACHI-HIGH-COURT-SINDHBookmark this Case Ghulam Hussain VS State S.497---Control of Narcotic Substances Act (XXV of 1997) [as amended by the Control of Narcotic Substances (Amendment) Act, 2022], S. 9(1), Sr. No. 3(c)---Recovery of huge quantity of contraband---Liberal exercise of huge discretion---Scope---Special care and caution is required while dealing with the case of narcotics, which are not only amenace and a serious crime against the society, but they even brings bad reputation to the country globally---Liberal exercise of discretion under S. 497, Cr.P.C., in cases of recovery of contraband stuff in huge quantity has been deprecated.

Ghulam Hussain vs State S — 2026 PCrLJ 196 KARACHI-HIGH-COURT-SINDH

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