| Case ID |
3ccf9660-21b8-457a-a2bb-62913cdb858e |
| Body |
View case body. Login to View |
| Case Number |
Criminal Bail Application No. 331 of 2013 |
| Decision Date |
May 13, 2013 |
| Hearing Date |
|
| Decision |
The court granted bail to the applicant/accused Ashraf based on several considerations. The key points leading to this decision included the recovery of 1040 grams of Charas, which was deemed a borderline case under the Control of Narcotic Substances Act. The court noted that the challan had already been submitted and that the applicant was no longer required for investigation. Furthermore, the prosecution witnesses were police officials, which minimized concerns about evidence tampering. The absence of any previous convictions for similar offences also played a crucial role in the decision. The applicant was admitted to bail upon providing a solvent surety of Rs. 1,00,000 and a P.R. bond of the same amount to the satisfaction of the trial court. The observations made were deemed tentative, emphasizing that the trial court should decide the case based on merits. |
| Summary |
In this case, the Sindh High Court dealt with a bail application concerning Ashraf, who was accused of selling Charas, a narcotic substance. The police had recovered 1040 grams of Charas from him during a patrol operation. The court considered the nature of the case to be borderline, as it was yet to be determined whether the offence fell under clause (b) or (c) of section 9 of the Control of Narcotic Substances Act. The court highlighted that the prosecution witnesses were all police officials, which reduced the risk of evidence tampering. The applicant's lack of prior convictions and the assertion of possible police enmity were also noted. Ultimately, the court decided to grant bail, emphasizing the importance of ensuring that the rights of the accused were upheld while also considering the severity of the charges against him. This case sheds light on the complexities involved in narcotic-related offences and the judicial considerations for granting bail in such circumstances. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NAIMATULLAH PHULPOTO, J
|
| Lawyers |
Ghulam Rasool Mangi,
Abdullah Rajput
|
| Petitioners |
ASHRAF
|
| Respondents |
The STATE
|
| Citations |
2014 SLD 2290,
2014 YLR 639
|
| Other Citations |
TAJ ALI KHAN v. THE STATE (2004 YLR 439 Peshawar),
MUHAMMAD JAHANGIR VS. THE STATE AND ANOTHER (2013 YLR 547)
|
| Laws Involved |
Criminal Procedure Code,
Control of Narcotic Substances Act
|
| Sections |
497,
9(c)
|