IN THE COURT OF DISTRICT & SESSION

JUDGE WEST AT KARACHI

Bail Appl. No. /2023

SAMEER S/o Shamim Ahmed

Muslim, Adult, R/o of Karachi
At Presently confined AT
Judicial Custody
Karachi-------------------------Accused/Applicant

Versus
The State-------------------------------Respondent

FIR NO.112/2023
U/S 4/5/8 Mawa&Gutka
Act 2019
P.S. Pakistan Bazar

BAIL APPLICATION U/S 497

Cr. P.C.

With reference to the daily report In the above

matter, it is respectfully prayed on the behalf
of above named applicant/accused that this
Hon'ble Court may kindly be released the
applicant/accused on bail on the consideration
of the following facts and grounds:

ALLEGED BRIEF FACTS

Brief facts of the case are that it is alleged
that on 31.03.2023 that the police party of
P.S. Pakistan Bazar are patrolling in the area,
while they received Information that a persons
are selling Gutka near Bismillah Chowk,Gulshan-
e-zia, Sector 11 ½ orangi town Karachi.
Contd…P/2...
 (2)

Accordingly the police party arrested above

applicant and it is alleged that 50 puries of
Mawa/Gutka were recovered from the applicant,
and brought him police station and in personal
search rupees 150 was recovered, and 04 puries
was store for chemical examination and this
case U/S 4/5/8 (i) Act 2019 was registered
against the accused. This falls case, this bail
application is filed on the following grounds:
-

GROUNDS

1. That the applicant/accused is quite innocent

and falsely implicated by the police in this
case.

2. That there is no reasonable ground to

believe that the applicant/accused has
committed the alleged offence and the
allegation leveled by the police against the
applicant/accused is false and fabricated.

3. That Under Section 14 (i) of the GutkaMawa

Act 2019 an officer not below the rank of SI of
police or equitant authorize in this behalf by
Home Department believes on credible
information received to him may enter into any
such building, place, premises or conveyance.
That the instant FIR has been lodged by ASI
Sanawar Ali which is clear violation of the
Section 14 (i) Gutkamawa 2019.

4. That maximum punishment described in Section

8 is three years which doesn't fall within
ambit of prohibitory clause.
(3)
5. That as per the column No.4 of the FIR the
applicant/accused has been arrested by the
police from very busy are but the police have

ignored the mandatory provision of 103 Cr.P.C.

to call two respectable persons of the locality
to verify the alleged recovery of Mawa&Gutka,
which make the recovery of alleged Mawa
doubtful.

6. That the alleged Mawa have foisted by the

police to connect the applicant/accused in this
false otherwise nothing has been recovered from
the possession of the applicant/accused.

7. That applicant/accused has not previously

convicted in any office and nor no case in
pending against application/accused except of
this false. case.

8. That the applicant/ accused is permanently

resident of Karachi and there is no chance for
his abscondance in the instant case and the
P.W. are police officials.

9. That applicant/ accused is ready to furnish

solvent surety to the satisfaction of this
Hon'ble Court.

10. That the applicant/accused would not tamper

the prosecution witnesses if he may be
discharged.

11. That the undersigned counsel crave to

submit the remaining arguments at the time of
hearing of this application with permission of
Hon'ble cour

(4)
 PRAYER

It is, therefore, prayed that this Hon'able

Court may be pleased to grant bail to the
applicant/accused in the interest of justice.

Karachi:
Dated: 31.03.2023

Advocate for the

Applicant/Accused