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Initializing Secure Chambers
Petitioner: GHULAM RASOOL VS Respondent: StateHonorable Justice MUHAMMD AFZAL SOOMROMuhammad Ayaz Soomro,Mushtaque Ahmed Abbasi
2006 Y L R 1394
2006 Y L R 1394
[Karachi]
Before Muhammad Afzal Soomro and Faisal Arab, JJ
GHULAM RASOOL---Applicant
Versus
THE STATE---Respondent
Criminal Bail Application No.72 of 2006, decided on 22nd March, 2006.
Criminal Procedure Code (V of 1898)---
----S. 497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Bail, grant of---According to Chemical Examiner's report total weight of parcel of Chars was 385 grams and net weight was 375 grams---Total weight of recovered Chars, in circumstances was less than one Kilogram subject to final proof at the trial---Case being of two versions, accused was entitled to be enlarged on bail.
Muhammad Ayaz Soomro for Applicant.
Mushtaque Ahmed Abbasi Asstt.A.-G. for the State.
ORDER
MUHAMMD AFZAL SOOMRO, J.---The case of the prosecution is that 1100 grams of Charas were recovered from the possession of the applicant, out of which only 500 grams were sent for chemical examination and the remaining 600 grams were sealed separately.
Counsel for the applicant has referred the Chemical Examiner's report, wherein the total weight of the parcel has been shown as 385 grams and the net weight of the Charas sent to the Chemical Examiner has been shown as 375 grams. The learned Asstt.A.-G., is not in a position to rebut the contention that the total weight of the recovered Charas appears to be less than one kilogram subject to the final proof at the trial. It is a case of two versions and, therefore, the applicant is entitled to be enlarged on bail.
In this situation, the application is allowed and the applicant is granted bail subject to his furnishing surety in the sum of Rs.100,000 and P.R. bond in the like amount to the satisfaction of the trial Court.
H.B.T./G-11/K Bail granted.