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Najeebullah vs State S — 2026 YLR 973 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2026 YLR 973 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2026
Reporter
YLR
Parties
Najeebullah vs State S
Subject matter
Criminal
Provisions referred to
S. 497---C; 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

Najeebullah VS State S. 497---Control of Narcotic Substances Act (XXV of 1997) [as amended by Control of Narcotic Substances (Amendment) Act (XX of 2022)], Ss. 6 & 9(1), Sr. No. (3)(e)---Possession and transportation of narcotic substances---Bail, dismissal of---Prosecution case was that 23-kilograms and 780-grams charas in twenty packets was recovered from the possession of accused-applicant and his co-accused---Record showed that during the course of the investigation and/or trial, the three co-accused, whom the Trial Court eventually convicted, applied for post-arrest bail from both the Trial Court and the High Court, but they were consistently denied bail---Throughout that period, the applicant/ accused remained a fugitive---Applicant-accused neither participated in the investigation nor faced the trial, all the while, the three co-accused were in custody---As a matter of fact, in the present case, neither the counsel for the applicant-accused during arguments nor the bail application had offered any explanation concerning the applicant's unawareness of the criminal case---In other words, no plea of alibi was articulated on behalf of the accused applicant---Thus, there was a clear, unexplained, noticeable abscondence on the part of the applicant/accused---Fugitive from law and Courts lost some of the normal rights granted by the procedural and substantive law---Accused-applicant had prima facie acted in desperate manner after the commission of the offence alleged, leading up to his noticeable absence from trial without any explanation in his defence about his unawareness---Bail application was dismissed, in circumstances.

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