Lawyers Directory Listing
Unlock direct contact details for up to 10 lawyers so you can call or WhatsApp the right legal professional and move your matter forward with confidence.
Special Criminal Bail No. 8 of 1986, decided on 13th February, 1986.
‑‑S. 497‑‑Customs Act (IV of 1969), S. 156(1)(8)‑‑Bail‑‑Smuggling‑ Heroin‑‑Assistant Sub‑Inspector, Security Force, apprehending accused and making recovery of Heroin‑‑Samples drawn and sealed in presence of Mashirs‑‑Inherent discrepancies occurring in prosecution case as to at what particular place samples were drawn, whether during search conducted by police official at time when accused and Heroin were produced before Customs Officer‑‑Case, held, was that of further enquiry‑‑Bail granted.
Akhtar Hussain for Appellant.
Abdus Sattar for the State.
Applicant Abdul Qudoos is facing trial for offence under section 156(1)(8) of the Customs Act, 1969. It is the case of the prosecution that on 24‑12‑1985 at 7‑00 p.m. he was arrested from International Departure Hall of Karachi Airport from where he was supposed to take flight for Abudhabi by Gulf Air. It appears from the papers relating to the investigation that applicant was apprehended not by the Custom Officer but by Muhammad Waris A.S.I. of Airport Security Force, who recovered 50 grams of Heroin powder from the person of applicant and then handed him over as well as Heroin to the Customs Officer who took up the investigation in hand. In the Mashirnama of recovery, it clearly appears that A.S.I. Muhammad Waris handed over applicant alongwith travel documents and 50 grams of Heroin powder which was previously recovered by A.S.I. to the Customs Officer. This Mashirnama is prepared by S.K. Mustafa Zulfiqar, Preventive Officer and it is stated specifically therein that after recovery of contraband Heroin samples thereof were drawn and sealed under signature of the Seizing Officer and the passenger who was arrested. This Mashirnama is signed by Mashirs M. Bashir and Baber lqbal. Statement of A.S.I. Muhammad Waris under section 161, Cr.P.C. shows that he himself made recovery after search of person of applicant in presence of Mashirs M. Bashir and Baber Iqbal and secured 50 grams of Heroin powder from his person and thereafter handed over the applicant and the Heroin powder so secured to the Customs Officer for further necessary action. The last line in his statement is that representative samples were also drawn and sealed in presence of the said Mashirs but this sentence has no particular reference as to where the recovery was made. As against this both Mashirs in their statements under section 161, Cr.P.C. have stated that they were Mashirs of recovery which was made by A.S.I. and at that time samples were drawn which were handed over to the Customs Officer subsequently alongwith applicant and the travel documents. There are inherent discrepancies in the case of prosecution and one wonders as to at what particular place samples were drawn whether during the search conducted by A.S.I. or at the time when applicant and Heroin powder was produced before the Customs Officer. Learned counsel has submitted that in these circumstances, since, there are inherent defects in the case, it becomes a case of further enquiry and applicant is entitled to bail. Reliance is placed on the case of Muhammad Sadiq v. Sadiq and others P L D 1985 S C 182. I, therefore, admit applicant to bail in the sum of Rs. 50,000 with one surety and P.R. Bond in the like amount to the satisfaction of the Nazir of the High Court.
M.Y.H./A‑12/K Bail granted.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer