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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: SARFARAZ KHAN VS Respondent: THE STATEHonorable Justice GHULAM NABI SOOMROSh. Ghulam Sabir Niazi,Habib Ahmed
2003 M L D 1343
2003 M L D 1343
[Karachi]
Before Ghulam Nabi Soomro and Atta-ur-Rehman, JJ
SARFARAZ KHAN---Applicant
Versus
THE STATE---Respondent
Criminal Bail Application No. 1549 of 2001, decided on 15th January, 2002.
Criminal Procedure Code (V of 1898)---
----S.497(2)---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Bail, grant of---Further inquiry---Accused had alleged that his father and his brother were taken away by C.I.A. Police from their house and were detained there till their indictment in separate F.I.Rs,.-- Father of the accused had been granted bail by the Court---State Counsel did not oppose bail application of the accused and had conceded to the grant of bail to the accused---Case against the accused falling within the ambit of subsection (2) of S.497, Cr.P.C., the accused was admitted to bail.
Sh. Ghulam Sabir Niazi for Applicant.
Habib Ahmed, A.A.G. for the State.
ORDER
GHULAM NABI SOOMRO, J.---The applicant, Sarfaraz Khan, seeks bail in a case (F.I.R. No.62 of 2001, Police Station Jackson), under section 9(c) of Control of Narcotics Substances Act, 1997, pending trial before the learned Special Court (Narcotics), Karachi.
The applicant allegedly was found possessing 2 Kgs. of opium by complainant. A.S.-I. Muhammad Nawaz Chatta of CIA, South Saddai, Karachi, on 14-5-2001, on receipt of spy information. One of the Mashirs of recovery in the case is A.S.-I. Manzoor Elahi of CIA.
It is contended by the applicant's counsel that the appellant's father, namely, Mir Ewaz Khan and brother Shamshad Khan were taken away by CIA Police, Saddar, from their house on 10-5-2001 and were detained there till their indictment in separate F.I.Rs. Nos.62 of 2001 and 63 of 2001 of Police Station Jackson. It is further argued that on 11-5-2001, applicant Sarfraz Khan and his brother Shamshad Khan were to appear before, the learned Special Court but on account of their being in police custody an application was made to the Court on 11-5-2001 intimating the Court about such detention and prayed for condonation of their a5sence. Learned counsel further submitted that the applicant's father was sapaiatcly involved in F.I.R. No.63 of 2001 on 16-5-2001 who has, however, been granted bail by the trial Court.
Learned A.A.-G., in view of the above contentions, does not oppose the bail application and has conceded to the grant of bail.
Upon hearing the learned counsel for the parties and taking into consideration the respective contentions raised before us, we find some truth in the contentions of the defence and are of the view that the case of the applicant falls within the ambit of subsection (2) of section 497, Cr.P.C. He is, therefore, allowed bail subject to his furnishing a solvent surety in the sum of Rs.200,000 (Rupees two lacs) and P.R. bond in the like amount to the satisfaction of the trial Court.
H.B.T./S-292/K Bail granted.