Faraz Ahmed vs State S — 2026 YLR 994 KARACHI-HIGH-COURT-SINDH

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Faraz Ahmed VS State S. 497---Sindh Control of Narcotic Substances Act (VIII of 2024), S. 9(1), Sr. No. (3)(c)---Possession of narcotic substances---Bail, refusal of---Allegation against the accused-petitioner was that 04-kilograms charas was recovered from his possession---In the present case, the petitioner wasarrested during night nearby a hotel and complainant had specifically mentioned in the FIR that public present there refused to act as witness in the case---Moreover due to darkness filming of the recovery proceedings would not have yielded results---Offence allegedagainst the petitioner impliedly carried a punishment of ten years or more and fell withinthe prohibition contained under S.497, Cr.P.C---Petitioner was admittedly working in CTD, he failed to demonstrate his presence in K-(Karachi)---Petitioner even did not place on record any order granting him leave from duty which manifested that petitioner taking advantage of his affiliation and service in police department was playing in the hands of drug smugglers, otherwise, if he was an honest and upright person he should have stuck to his job---Involvement of petitioner in drug peddling helped in answering the much-awaited question of safe interprovincial transportation of drugs---Said aspect of the case also disentitled petitioner for grant of bail---Conduct of the petitioner was sufficient to dub him a habitual and desperate offender---In such circumstances the concession of bail could not be granted in every run off the mill case---Moreover, the accused involved in selling of contraband drugs were usually professional criminals and there was very likelihood that they would repeat the offence if enlarged on bail, therefore the case of a person accused of selling contraband material fell under the exception for grant of bail in comparison to the person accused of drug addiction---Given red-handed arrest of the petitioner with a considerable quantity of a lethal contraband, confirmed by a positive forensic report, brought his case within the remit of prohibition, contemplated by S.497, Cr.P.C---Tentative assessment of material available on record demonstrated that sufficient incriminating evidence was collected during investigation to connect the petitioner with the commission of crime, hence no case for grant of bail was made out---Petition was dismissed, in circumstances.

Faraz Ahmed vs State S — 2026 YLR 994 KARACHI-HIGH-COURT-SINDH

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