Cr.Bail 2514/2025 (D.B.) Sindh High Court, Karachi

Sindh High Court · 2022 · Before Omar Sial

Waqar @ Moota has sought post-arrest bail in Crime NO.1222 of 2025 registered under Sections 6/9(i), 3(b) of Sindh Anti-Narcotic Act, 2024, at police station Sachal, Malir, Karachi, his earlier bail plea was dismissed vide order dated 16.09.2025 by the learned Sessions Judge, Malir, Karachi.

2. Waqar @ Moota was arrested on 02.08.2025, by SIP Qamar Abbas while he was in possession 510 grams of Charas.

3. We have heard the learned counsel for the applicant and the learned Additional Prosecutor General, Sindh. Our observations are as follows. 4. the offence with which the applicant is charged, although not bailable, falls within the non-prohibitory clause of section 497 Cr.P.C. Keeping in mind the principles enunciated in Tariq Bashir and 5 others Vs the State (PLD 1985 S.C 34), we do not see any exceptional or extraordinary ground to deny the applicant’s bail. It is also yet to be seen whether the applicant himself is a user of narcotics and in essence a victim of the drug trade. The State is yet to establish effective rehabilitation institution for this purpose. The applicant is admitted to bail subject to his furnishing surety in the sum of Rs.100,000/- (Rupees One Lac Only) and a P.R bond in the like amount to the satisfaction of the learned trial Court. JUDGE JUDGE Manthar Brohi

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