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Bail Application No.13 of 1986, decided on 21rd February, 1986.
---S.497--Customs Act (IV of 1969), Ss.156(1)(8) & 185-F--Bail- Accused caught on the spot with heroin--Samples were drawn at same time--Evidence yet to be recorded--Bail refused.
Spl. Cr. Bail Application No.8/86 and 1985 S C M R 192. ref.
Farooq Rashid for Applicant.
Abdul Rashid Nizamani for the State.
Applicant Ibrahim Abdul Rehman Muhammad, is being tried for the offences punishable under Section 156(1)(8) of Customs Act, 1969. The case of prosecution is that on 23rd January, 1986 complainant
Niaz Haider, Preventive Officer, Custom House, Karachi was on duty at International Departure Hall, Terminal-III, Karachi Airport, when staff of Airport Security, force brought applicant, a Qatar National alongwith 100 grams of heroin powder. The mashirnama was prepared in presence of two mashirp namely Muhammad Waris and Naeem Rashid and applicant was, arrested. 3 samples were also drawn and such memo was signed by the above-said mashirs.
Mr. Farooq Rashid appearing for the applicant contended that it is not mentioned in the mashirnama as to how and from where the recovery was made and that both mashirs are from airport security force. He submitted that in such circumstances this Court has granted bail to accused Abdul Quddus in Spl. Cr'. Bail Application No.8/86 on 13-2-86. He has also referred to a case reported in 1985 SCMR 192.
Mr. Abdul Rashid Nizamani appearing for the State has opposed the bail and submitted that all, particulars of arrest and seizure are given in the mashirnama., It is also contended that samples were drawn at the time of arrest.
Applicant was bound for Qatar by Gulf Airline flight GF-383 and during his search passport and air ticket were also secured. It is also mentioned in the F.I.R. that applicant was served with notice under section 171 of the Customs Act, 1969 and samples were also n drawn at that time. The mashirnama of the property was prepared at A terminal No.3 and this fact was also mentioned in the memo therefore the facts of the Spl. Cr. Bail Application No.8/86 are different, Applicant was caught on the spot with heroin. The evidence has yet to be recorded. I am of the view that the case for bail has not been made out. The application is dismissed.
M. Y. H./I-21/K Petition dismissed.
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