| Case ID |
148ea928-e7a2-4520-a007-92d62d982692 |
| Body |
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| Case Number |
Criminal Bail Application No.768 of 2009 |
| Decision Date |
Jul 23, 2009 |
| Hearing Date |
|
| Decision |
The bail application was dismissed as the prosecution had established a strong case against the accused, Arz Muhammad, who was found in possession of a significant quantity of narcotics (200 Kgs of Charas). The court noted that the accused and his co-accused were arrested at the scene, and the evidence presented by the prosecution, including witness testimonies and the recovery of narcotics from the vehicle, was compelling. The court emphasized that the nature of the offence, being against societal interests, warranted refusal of bail under the prohibitory clause of section 497 of the Criminal Procedure Code and section 51 of the Control of Narcotic Substances Act. The absence of private witnesses was acknowledged but deemed insufficient to undermine the prosecution's case, given the circumstances of fear of retribution in such cases. The decision reflects a strict approach towards narcotics-related offences, reinforcing the legal standards for bail in serious drug-related crimes. |
| Summary |
In the case of Arz Muhammad vs. The State, the Sindh High Court dealt with a bail application concerning serious narcotics charges under the Control of Narcotic Substances Act, 1997. The accused was arrested with a significant amount of Charas, leading to a firm decision against bail. The court highlighted the importance of the evidence, including the direct recovery of narcotics from the vehicle and the involvement of the accused in a broader drug trafficking operation. The ruling reflects the court's commitment to upholding strict legal standards in drug-related cases, emphasizing the societal implications of such offences. This case serves as a critical reference for future narcotics-related legal proceedings, reinforcing the prohibitive measures outlined in the law. It underscores the challenges faced by defendants in narcotics cases, particularly in relation to witness testimonies and the burden of proof required to establish lack of knowledge regarding possession of illicit substances. Legal representatives and defendants in similar cases should be aware of the stringent criteria for bail in narcotics offences, as established by this ruling. |
| Court |
Sindh High Court
|
| Entities Involved |
Excise Police,
Mushtaq Ahmed Khokhar
|
| Judges |
M. IQBAL MAHAR, J
|
| Lawyers |
,
Ms. Rahat Ahsan
|
| Petitioners |
ARZ MUHAMMAD
|
| Respondents |
THE STATE
|
| Citations |
2010 SLD 2286,
2010 PCRLJ 272
|
| Other Citations |
Zahir Shah v. The State 2009 MLD 467,
Ashfaq Ahmed v. The State PLD 2008 Pesh. 59,
Shamsur Rehman alias Shamsay v. The State 2008 PCr.LJ 354,
Muhammad Faisal v. The State 2006 YLR 3039,
2002 PCr.LJ 971,
2000 PCr.LJ 1870,
2000 PCr.LJ 4,
2007 SCMR 830
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Control of Narcotics Substances Act, 1997
|
| Sections |
497,
9(c)
|