SHC dismisses bail plea in narcotics case

The Sindh High Court (SHC) has dismissed the bail application of a man in a drugs smuggling case. The applicant, Mohammad Asif, was arrested by the Anti-Narcotics Force (ANF) in the Sohrab Goth. The ANF claimed to have recovered 20 kilogrammes of Ketamine from his possession, which he was allegedly delivering to co-accused Syed Tariq Hussain.

A counsel for the applicant submitted that his client was falsely implicated in the case as contraband was allegedly recovered behind the seat of the vehicle, not from the applicant’s personal custody.

He said the applicant was sitting in the driver's seat without any narcotics in hand, making it doubtful whether he was in exclusive control of the contraband. He argued that no photographs or videos were taken at the time of recovery or arrest, and the available photographs showed a bright daytime scene inconsistent with the night-time raid stated in the FIR, which created doubt about the authenticity of the recovery.

He argued that the chemical examiner’s report did not certify compliance with the Rule 6 of the Control of Narcotic Substances Rules, 2001 (FORM-II), rendering the report inadmissible. He submitted that the raiding party did not secure two independent witnesses during the search and recovery as required under the Act, thus making the recovery illegal and liable to be discarded.

He next contended that the prosecution failed to produce mobile phone location data or Call Detail Record (CDR) for the vehicle on the date of the alleged incident, thereby failing to establish the applicant’s presence at the crime scene.

He further argued that more than six months had elapsed since the alleged incident but no prosecution witness had been examined against the applicant. He further contended that the case had reached the trial stage with a challan filed, and the accused was in custody without further requirement for investigation.

A special prosecutor opposed the bail application submitting that the offence under the sections 9(2), 9, 14 and 15 the Act was serious and non-bailable, attracting punishment of imprisonment for life or more. He said the recovery of 20 kilogrammes of Ketamine, a controlled substance, was substantial and prima facie proof of guilt.

The prosecutor argued that the presence of the applicant at the scene along with the recovered contraband and corroborative statements of ANF officials established the case against the applicant beyond mere suspicion.

A single bench of the high court comprising Justice Khalid Hussain Shahani after hearing the arguments of the counsel observed that the offence with which the applicant stood charged was one against the society at large and the applicant was apprehended red-handed in possession of ketamine.

The SHC observed that it did not find the applicant entitled to bail at this stage and dismissed the bail application. The high court however directed the trial court to conclude the trial within three months and at the very least ensure that the complainant and mashir were examined.