IN THE HIGH COURT OF SINDH AT KARACHI

Bail Appl No. /2019

Muhammad Saleem,
S/o Ghulam Hussain
Muslim, adult,
Resident of Karachi and
Presently Confined in District
Jail, Landhi, Malir, Karachi ……………… APPLICANT / ACCUSED.

V E R S U S
THE STATE …………………………………………………………..RESPONDENT.

F.I.R. No. 163 / 2019

U / s: 6/ 9-C C NS
P.S. Shar afi Got h

BAIL APPLICATION U/S 497 Cr.P.C.

Being aggrieved and dissatisfied with the impugned order

dated: 24-07-2019, by the Learned IIIrd. Add. & Session Judge Modal

Criminal Trial Court-II, Malir, at Karachi. It is respectfully prayed on

behalf of the above named applicant / accused, that this Hon’ ble

Court may be pleased to enlarge him on bail, on the consideration of

the following facts and grounds : -

Certified copy of Impugned Order dated: 24-07-2019 is attached

herewith and marked as ANNEXURE “A”

FACTS

Brief facts of the FIR, narrated by the complainant that I ASI

Muhammad Nawaz Dehko alongwith subordinates P.C. Shahzad

35153, P.C. Sadam Ahsan 44312, P.C. Mehmood Ahmed 24216 Driver
Contd/2
 2

PC Muhammad Qasim 39293, through government mobile were busy

in patrolling during patrolling got spy information that at Allah Dad

Goth, Service Road Near Bismillah Al-Noor Masjid, two persons are

selling Charas, I ASI on this information alongwith informer and

subordinates reached at Allah Dad Goth, Service Road, Bismillah

Masjid Al-Noor, at about 0030 hours, on the pointation of spy

informer found two persons selling the Charas and with the help of

suboridnates caught them, who on demand disclosed their name 1).

Muhammad Saleem S/o Ghulam Hussain and 2). Naeem S/o Ghulam

Rasool, whose personal search due to none cooperation of private

witness in present of subordinates Sadad Ahsan 44312 has been taken,

then from 1). Muhammad Saleem S/o Ghulam Hussain, checked a

white shopper holding in right hand, recovered charas in shape of

pieces from furher personal search from his front pocket recovered

Rs.220/- of selling charas and 2). Naeem S/o Ghulam Rasool, checked

the blue shopper, from the same recovered charas in shape of pieces,

from further search in front pocket of paint recovered Rs.110/- of

selling charas, then weight of the said recovered charas was taken on

the digital weight, which was taken from investigation bag, then from

accused Muhammad Saleem S/o Ghulam Hussain recovered charas

weight was 3 Kilo 30 grams and 2). Naeem S/o Ghulam Rasool,

Charas weighing was 1050 grams, therefore this act of the accused

falls U/s 6/9-C, Anti Narcotics Act, after information of offence,

Contd/3
 3

arrested both of accused according to the law, the recovered charas

taken into police custody and sealed at the spot sepately, memo of

arrest was prepared at the spot, after coming back at police station the

case has been registered against both of accused, investigation of the

case has been handed over to SIP Umar Hayat, remaining copies of

the FIR are distributed accosrding to the law.

Photocopy of FIR, its True Translation and Challan are attached

herewith and marked as ANNEXURE “B” & “B-1 ”

GROUNDS
1. That the accused / applicant is absolutely innocent and has

falsely been implicated in this case by the police with ulterior

motives and malafide intention.

2. That co-accused namely Muhammad Naeem S/o Luqman @

Ghulam Rasool was granted bail bearing No.1669/2019 by the

Hon’ble IIIrd A.D.J. and Modal Criminal Trial Court-II, Malir

Karachi by order dated 09-07-2019, against a sum of Rs.50,000/-

as such the applicant / accused prays for concession of bail.

3. That as per contents of the FIR, police got spy information and

also on the pointation of informer, the police party arrested the

accused, but it is strange that having prior information

regarding selling charas neither police party has arrange any

Contd/4
 4

private witness nor cited the said informer as witness of arrest

or recovery of said charas, which create doubts in prosecution

case, as such case need to be further inquiry.

4. That Assistant Sub-Inspector is not competent to lodge the FIR

regarding narcotics/CNS and the instant FIR is belongs a huge

quantity of narcotics, which creates doubt and case need to be

further inquiry, replied upon 2017 YLR Note 99 68.

5. That it is also strange that a person having a huge quantity of

Charas about 3 kilo are selling charas and selling amount is

only Rs.220/- from his possession, which create doubts and

case need to be further inquiry.

6. That as per contents of the FIR, the applicant / accused did

not tried to escape from the police of incident, as such the

case of prosecution required further inquiry under section

497(ii) Cr.P.C.

7. That no recovery of charras was held from the accused

person, but police foisted the false recovery upon the

applicant / accused with malafide intention and ulterior

motives.

8. That no any purchaser has been arrested / taken into custody

from the spot by the police, as such applicant / accused prays

for concession of bail.

Contd/5
 5

9. That the present applicant / accused is not involved in any

other criminal case or convicted in any case, as such prays for

concession of bail.

10. That the applicant / accused is permanent resident of Karachi

and as such there is no likelihood of his absconsion after being

released on bail.

11. That the applicant / accused is ready and willing to furnish the

solvent surety to the entire satisfaction of this Hon’ ble Court.

12. That other grounds will be argued at the time of hearing of this

bail application with the kind permission of this Hon’ ble Court.

Karachi.
Dated: -07-2019. ADVOCATE FOR THE
ACCUSED / APPLICANT.
IN THE HIGH COURT OF SINDH AT KARACHI
Bail Appl No. /2019

Muhammad Saleem
S/o Ghulam Hussain ……………… APPLICANT / ACCUSED.

V E R S U S
THE STATE …………………………………………………………..RESPONDENT.

F.I.R. No. 163 / 2019

U / s: 6/ 9-C C NS
P.S. Shar afi Got h

APPLICATION UNDER RULE 9, CHAPTER III-B

VOLUME V OF THE HIGH COURT RULES

For the reasons disclosed in the accompanying affidavit, it is

respectfully prayed on behalf of the Applicant / Accused named
above that this Hon'able Court may be pleased to fix the captioned
bail application in urgent motion on August ___, 2019 as the matter
requires urgency.

The grant of prayer would foster the cause of justice.

Karachi.
Dated: -07-2019 ADVOCATE FOR THE
APPLICANT / ACCUSED
 FOR IMMEDIATE USE IN COURT
IN THE HIGH COURT OF SINDH AT KARACHI
Bail Appl No. /2019

Muhammad Saleem
S/o Ghulam Hussain ……………… APPLICANT / ACCUSED.

V E R S U S
THE STATE …………………………………………………………..RESPONDENT.

F.I.R. No. 163 / 2019

U / s: 6/ 9-C C NS
P.S. Shar afi Got h

AFFIDAVIT

I, Ghulam Nabi Shar Advocate High Court, Muslim, Adult, Having

office No. A-10, Mazanine Floor, Salman Tower, Opp. Nadra Office, Malir,
Karachi, do hereby state on oath as under:

1. That I am the Counsel of the Applicant / Advocate in the above

matter, as such am well conversant with the facts of the case.

2. That the accompanying application for urgent hearing has been

drafted and filed under my specific instructions and the contents of
the memo of plaint may kindly be treated as a part and parcel of this
Affidavit for the sake of brevity.

3. That unless the accompanying application is allowed, I shall be

seriously prejudiced.

Whatever has been stated above is true and correct to the best of my
knowledge, belief and information.

Karachi.
Dated: -07-2019.
D E P O N E N T.
CNIC No. 45203-3573854-9
Cell No. 0301-2124969
IN THE HIGH COURT OF SINDH AT KARACHI
Bail Appl No. /2019

Muhammad Saleem
S/o Ghulam Hussain ……………… APPLICANT / ACCUSED.

V E R S U S
THE STATE …………………………………………………………..RESPONDENT.

F.I.R. No. 163 / 2019

U / s: 6/ 9-C C NS
P.S. Shar afi Got h

APPLICATION FOR EXEMPTION

For the reasons disclosed in the accompanying affidavit, it is

respectfully prayed on behalf of the Applicant / Accused named
above that this Hon'able Court may be pleased to exempt him from
filing true translation of Challan in the interest of justice.

The grant of prayer would foster the cause of justice.

Karachi.
Dated: -07-2019 ADVOCATE FOR THE
APPLICANT / ACCUSED
 FOR IMMEDIATE USE IN COURT
IN THE HIGH COURT OF SINDH AT KARACHI
Bail Appl No. /2019

Muhammad Saleem
S/o Ghulam Hussain ……………… APPLICANT / ACCUSED.

V E R S U S
THE STATE …………………………………………………………..RESPONDENT.

F.I.R. No. 163 / 2019

U / s: 6/ 9-C C NS
P.S. Shar afi Got h
AFFIDAVIT

I, Ghulam Nabi Shar Advocate High Court, Muslim, Adult, Having

office No. A-10, Mazanine Floor, Salman Tower, Opp. Nadra Office, Malir,
Karachi, do hereby state on oath as under:

1. That I am the Counsel of the Applicant / Advocate in the above matter,

as such am well conversant with the facts of the case.

2. That the accompanying application for urgent hearing has been drafted
and filed under my specific instructions and the contents of the memo of
plaint may kindly be treated as a part and parcel of this Affidavit for the
sake of brevity.

3. That unless the accompanying application is allowed, I shall be seriously

prejudiced.

Whatever has been stated above is true and correct to the best of my
knowledge, belief and information.

Karachi.
Dated: -07-2019.
D E P O N E N T.
CNIC No. 45203-3573854-9
Cell No. 0301-2124969
 IN THE HIGH COURT OF SINDH AT KARACHI
Bail Appl No. /2019

Muhammad Saleem
S/o Ghulam Hussain ……………… APPLICANT / ACCUSED.

V E R S U S
THE STATE …………………………………………………………..RESPONDENT.

F.I.R. No. 163 / 2019

U / s: 6/ 9-C C NS
P.S. Shar afi Got h

INDEX

S. PARTICULAR OF ANNEXURE PAGE #

DOCUMENTS
NO.
1. Memo of Bail Application
2. Certified copy of impugned order dated: 24- A
07-2019
3. Copies of FIR, its true translation and B to B-1
challan
4. Application for urgent hearing a/w 1

Affidavit
5. Application for exemption a/w Affidavit
6. Vakalatnama

Karachi.
Dated: -07-2019 ADVOCATE FOR THE
APPLICANT / ACCUSED

1
 TRUE TRANSLATION OF F.I.R.
FIRST INFORMATION REPORT OF A COGNIZABLE CRIME
REPORTED U/S 154 Cr.P.C. AT THE POLICE STATION

Sr. No.489, F.I.R. No. 163/2019 P.S. Sharafi Goth District: Malir, Karachi.
DATE & HOUR OF OCCURRENCE 12:30 a.m. dated 14-06-2019

-------------------------------------------------------------------------------------
1. DATE & HOUR OF REPORT 14-06-2019 @ 01:50 a.m.

-------------------------------------------------------------------------------------

2. NAME & RESIDENCE OF ASI Muhammad Nawaz Dehko,

INFORMATION & COMPLAINANT. Post at Police Station Sharaf Goth,
District Malir, Karachi
-------------------------------------------------------------------------------------

3. BRIEF FACTS OF THE OFFENCE WITH U/s. CNSA 6

SECTION & CASE PROPERTY IF SNATCHED. CNSA 9-C
Recovered goods 1, Muhammad
Saleem S/o Ghulam Hussain, 3 Kilo
30 grams, 2). Naeem S/o Ghulam
Rasool, 1 Kilo 50 Grams,
-------------------------------------------------------------------------------------
4. PLACE OF OCCURRENCE & DISTANCE At Allah Dad Goth, Service
AND DIRECTION FROM THE P.S. Road, Near Bismillah Al-Noor
Masjid, Landhi, Karachi from
West East,
DISTANCE 1 ½ KILO METER FROM P.S
-------------------------------------------------------------------------------------

5. STEPS TAKEN REGARDING INVESTIGATION After coming back at police station

EXPLANATION OF DELAY IN RECORDING case has been registered,
INFORMATION ( IF ANY ) Investigation shall conduct
by SIP Umar Hayat,
-------------------------------------------------------------------------------------

Sd / - ( in English ) Belt No.K-23293 Designation: ASI Telephone No.0308-7246163

Muhammad Nawaz
FIRST INFORMATION IS AS UNDER
FACTS : -

“I ASI Muhammad Nawaz Dehko alongwith subordinates P.C.

Shahzad 35153, P.C. Sadam Ahsan 44312, P.C. Mehmood Ahmed
24216 Driver PC Muhammad Qasim 39293, through government
mobile were busy in patrolling during patrolling got spy
information that at Allah Dad Goth, Service Road Near Bismillah
Al-Noor Masjid, two persons are selling Charas, I ASI on this
information alongwith informer and subordinates reached at
Allah Dad Goth, Service Road, Bismillah Masjid Al-Noor, at
about 0030 hours, on the pointation of spy informer found two
Contd/2
 2
persons selling the Charas and with the help of suboridnates
caught them, who on demand disclosed their name 1).
Muhammad Saleem S/o Ghulam Hussain and 2). Naeem S/o
Ghulam Rasool, whose personal search due to none cooperation
of private witness in present of subordinates Sadad Ahsan 44312
has been taken, then from 1). Muhammad Saleem S/o Ghulam
Hussain, checked a white shopper holding in right hand,
recovered charas in shape of pieces from furher personal search
from his front pocket recovered Rs.220/- of selling charas and 2).
Naeem S/o Ghulam Rasool, checked the blue shopper, from the
same recovered charas in shape of pieces, from further search in
front pocket of paint recovered Rs.110/- of selling charas, then
weight of the said recovered charas was taken on the digital
weight, which was taken from investigation bag, then from
accused Muhammad Saleem S/o Ghulam Hussain recovered
charas weight was 3 Kilo 30 grams and 2). Naeem S/o Ghulam
Rasool, Charas weighing was 1050 grams, therefore this act of
the accused falls U/s 6/9-C, Anti Narcotics Act, after
information of offence, arrested both of accused according to the
law, the recovered charas taken into police custody and sealed at
the spot sepately, memo of arrest was prepared at the spot, after
coming back at police station the case has been registered against
both of accused, investigation of the case has been handed over
to SIP Umar Hayat, remaining copies of the FIR are distributed
accosrding to the law”.

FIR Translated by me, in case of any mistake the undersigned will be

responsible.

Sd / - ( in English )
ASI Muhammad Nawaz
14-06-2019