The Sindh High Court (SHC) has dismissed the bail application of a woman in a drug smuggling case.
Sumaira Bibi was arrested by the Anti-Narcotics Force (ANF) from the Sohrab Goth bus terminal. The ANF claimed to have seized 1 kilogramme of heroin and 900 grammes of methamphetamine (ice crystal) from her possession.
A counsel for the applicant submitted that the woman was falsely implicated in the case by the ANF at the behest of a drug smuggler due to personal enmity. The counsel submitted that the applicant was apprehended from her residence and the purported recovery had been foisted upon her. He said that no independent witness was there at the time of the alleged recovery and requested the high court to grant her bail.
An ANF special prosecutor submitted that the applicant was specifically nominated in the FIR and sizeable quantity of narcotics had been recovered from her possession. A single bench of the SHC comprising Justice Sana Akram Minhas after hearing the arguments observed that the offence in question pertained to a crime against society as a whole.
The high court observed that the applicant was apprehended in possession of the prohibited substances and caught in the act. The bench observed that there was no claim of animosity between the ANF and the applicant who apprehended her and there was no suggestion of malicious intent or ill-will from the ANF that could have resulted in a false accusation.
The SHC observed that no attempt was made by the applicant’s counsel to question the result of the chemical examination of the narcotics seized or to question its safe custody.
The high court observed that the alleged recovery of the contraband had been made from the applicant who was caught red-handed. The bench observed that the applicant failed to make out a case for bail and dismissed the bail application. The SHC, however, clarified that its observations herein were tentative in nature and the trial court shall not be influenced by the same while deciding the case on merits.
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