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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: GHULAM ALI VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Munib Ahmed Khan Title: GHULAM ALI vs THE STATE Case No.: Criminal Bail Application No,344 of 2008 Date of Judgment:2008-06-20 Reported As: 2009 MLD 856 Result: Bail granted
Judgment ORDER ' MUNIB AHMAD KHAN, J.---1. Granted. 2. Learned counsel submits that the applicant has been involved falsely. He submits that although there is alleged recovery of 1 kg. And 90 grams of Charas but it is very strange that it has not been mentioned as to in what position packets/parcels or pieces were recovered nor it is mentioned in F.I.R. That any piece was taken from it for sending it to the Chemical Examiner. He submits that according to version of prosecution, entire property was sealed, therefore, its identity as Charas is very much doubted. Learned State counsel has also noted the above serious defect on the part of prosecution and is unable to point out as to how substance was sent to the Chemical Examiner. ' After going through the contents of F.I.R. It is noted that the contention of learned counsel for the applicant is correct as the factual position in respect to detaching the part of substance for chemical examination is missing. It has also been noted that F.I.R. Has been lodged by A.S.-I. And not the S.I.P. As per requirement of law. The case of the applicant is on the border line of 9(b) and 9(c) and 1 kg. And 90 grams have been recovered. Keeping in view that no effort has been made towards ascertainment as to whether the recovered substance was Charas or not. I find the case of further enquiry and the applicant is admitted to bail in the sum of Rs,100,000 and P.R. Bond in the like amount to the satisfaction of the Trial Court.
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