Court rejects bail plea of two gutka sellers, citing offence against society

A local court has dismissed the bail application of two men in a case pertaining to recovery of gutka and mawa.

Usman and Subhan Ahmed had moved an application before Judicial Magistrate (East) Asif Ali Abbasi seeking post-arrest bail in the case.

The applicants' lawyer argued that they were innocent as the alleged recovery of gutka and mawa had been foisted upon them. He said the offence was bailable and therefore, pleaded with the court to free them on bail.

Opposing the bail plea, the state prosecutor contended that a large quantity of gutka and mawa, substances hazardous to human health, had been recovered from the suspects' possession.

In his written order, the magistrate observed: "admittedly, a huge quantity i-e 1250 purian of Gutka/Mawa being banned and hazardous material have been recovered from the possession of the applicants/ accused which indicates that the applicants/accused are involved in selling of Gutka/Mawa substance which has been banned due to its harmful effects on human health while its consumption leads to oral cancer, dental decay and other incurable diseases which is serious threat to the health of people."

Thus, it constituted an offence against society, he added.

Quoting the World Health Organization, the magistrate noted that oral cancer was the most prevalent among Pakistanis, which had grown up at 4 per cent in the country and stood at an alarming 30 per cent in Karachi due to consumption of gutka and mawa.

According to recent statistics, every 5th person in Karachi was addicted to gutka and mawa.

Explaining the reason behind his decision to dismiss the bail plea, the magistrate observed, "the discretion to grant bail even in cases not falling under the prohibitory clause of Section 497 Cr.PC must be exercised cautiously, taking into account the nature of the offence, the conduct of the accused, the recovery made and its broader impact on society."

"In this case, the magnitude of the recovery and seriousness of the consequences associated with the offence justify refusal of bail at this stage and mainly the case is under investigation."