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Petitioner: PIR BUX and anothers VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Muhammad Afzal Soomro, Muhammad Moosa K. Laghari Title: PIR BUX and anothers vs THE STATE Case No.: Criminal Bail Application No, 330 of 2007 Date of Judgment:2007-07-24 Reported As: 2007 MLD 1696 Result: Bail granted
Judgment ORDER ' MUHAMMAD MOSA K. LEGHARI, J.---The applicants were arrested by the police on the accusation that each of them was found in possession of 1015 grams of Charas while they were travelling in a passenger bus as per the report lodged by S.I.P. Zafar Ali on behalf of the State under section 9(c) Control of Narcotic Substances Act vide Crime No, 06/07 lodged at Police Station Dhabeji, District Thatta on 31-1-2007. ' Inter alia, the bail is pressed on the grounds that the applicants have been falsely implicated, that in spite of the fact that the applicants were arrested while travelling in a bus in which a number of private persons were available but none of them was associated for the recovery, that a doubt was created after reading 161, Cr.P.C. Statement of P.W. Ghulam Mustafa. ' Learned A.A..G. Has not been able to reconcile the apparent mistake in the statement of P.W. Ghulam Mustafa and states that the case of the applicants calls for further enquiry. ' The contentions raised have been considered and the material placed on the record has been perused. ' It must be stated that notwithstanding the bar contained under section 25 of the C.N.S. Act, 1997, thereby excluding the applicability of section 103 Cr.P.C. To Narcotics cases, the officials making searches, recoveries and arrests, are reasonably required to associate private persons, more particularly in those cases in which presence of private persons is admitted so as to lend credence to such actions, and to restore public confidence. This aspect of the matter must not be lost sight of indiscriminately and without exception. Besides that, without making any observations on the language of statement of P.W. Ghulam Mustafa recorded under section 161, Cr.P.C. As the same
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may cause prejudice to the case of the prosecution, it can be said with certainty that a case for further inquiry has been made out. ' In the circumstances, the applicants are granted bail in the sum of Rs,1,00,000 (Rupees One Lac only) each and P.R. Bond in the like amount to the satisfaction of the trial Court.