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Petitioner: MUHARRAM VS Respondent: THE STATEHonorable Justice Muhammad Moosa K. Leghari and Khilji Arif HussainKhadim Hussain Solangi,Rasheed Ahmed Qureshi, Asstt
2004 P Cr
2004 P Cr. L J 989
[Karachi]
Before Muhammad Moosa K. Leghari and Khilji Arif Hussain, JJ
MUHARRAM‑‑‑Applicant
Versus
THE STATE‑‑‑Respondent
Criminal Bail Application No. 118 of 2004, decided on 26th February, 2004.
Criminal Procedure Code (V of 1898)‑‑‑--
‑‑‑‑S. 497‑‑‑Control of Narcotic Substances Act (XXV of 1997), S.9(a)‑‑‑Bail, grant of‑‑‑Accused was arrested from near a shrine on having been found in possession of 95 grams of "Charas"‑‑‑No private person was associated to witness the recovery‑‑‑Enmity with the Excise police officials was alleged by the accused‑‑‑Offence being punishable with two years' R.I., case was pending before the Magistrate‑‑‑Accused was behind the bars for the last more than four months‑‑‑Bail was granted to accused in circumstances.
Khadim Hussain Solangi for Applicant.
Rasheed Ahmed Qureshi, Asstt. A.‑G. for the State.
ORDER
The applicant was found in possession of 95 grams of Charas as per the contents of F.I.R. Crime No.3 of 2003 registered by Excise Police, Dadu under section 9(a), C.N.S. Act.
Learned A.A.‑G. requested for time to collect the police papers. However, we find the relevant documents are available in the bail application. Thus, the bail application was heard with the assistance of learned A.A.‑G. He has opposed the bail.
The applicant was arrested on 8‑10‑2003 at 4‑00 p.m. near the shrine of Bodla Bahar. Yet no private person was associated to witness the recovery. Enmity with the officials of Excise Police is alleged by the applicant.
The case is pending before the Magistrate as the offence is punishable by two years. The applicant is behind the bars since morel than last four months.
In the circumstances, the applicant is granted bail in the sum of Rs.50,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.
N.H.Q./M‑26/K Bail granted.