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Criminal Bail Application No. 1699 of 1986, decided on 3rd December, 1986.
‑‑‑S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3 & 4‑‑Bail‑‑Accused was intercepted while carrying away Heroin and was caught red‑handed on spot and case registered against him immediately‑ Offence punishable with imprisonment for life‑‑Case, held, was not fit for grant of bail‑‑Bail refused.
Hamid Ahmad Ayaz for Petitioner.
A.A. Muhammadally, Addl. A.‑G. for the State.
This is an application for bail on behalf of Muhammad Anis.
Briefly stated the case of prosecution is that on 2‑10‑1986, at 8‑30 a.m. F.I.O. Irshad Ali Memon of Police Station P.N.C.B. North Nazimabad, Karachi, received an information through special informer that some loaders of K.L.M. do smuggle Heroin to the foreign country. He was further informed that today one loader of K.L.M. namely, Muhammad Anis, will take away Heroin. On this he alongwith subordinates reached at Terminal No. 1, Karachi Airport and started keeping watch on the movement of the person. At about 8‑30 a.m., applicant, loader of K.L.M. entered the door of K.L.M. loaders' rest room opposite the F.I.A. Record Room of Terminal No. 1 having a plastic bag in his hand. He was stopped and his bag was searched in presence of Mashirs Sikandar Ali and Lal Muhammad. From that bag 2 other small bags, containing one Kilogram Heroin, of white colour were recovered. He brought the applicant at the police station and registered the case under section 3/4 of Prohibition (Enforcement of Hadd) Order, 1979.
Learned counsel for the petitioner, Hamid Ahmed, Ayaz, contended that there exists enmity between the K.L.M. staff union members, therefore, the applicant has been falsely involved. It is argued that before this incident applicant had filed a case against some employees of the K.L.M. showing that they are indulging in the smuggling of Heroin. In support he has produced photo copy of F.I.R. registered on 2‑10‑1986 at P.S. Airport. The contention of the learned counsel is that on the very day i.e. 2‑10‑1986 brother of applicant Halim lodged report regarding abduction of applicant Muhammad Anis. In support he has produced copy of the F.I.R. Criminal miscellaneous application for quashment of proceedings has also been filed.
Mr. A.A. Muhammadally, learned Addl. A.‑G., has opposed the bail and submitted that applicant was found in possession of huge quantity of Heroin at the airport, therefore, he is not entitled to bail.
From the record it appears that there are difference between some members of the union of K.L.M. But it is clear from the allegations that the Heroin business is being carried out by some of the members of which cases have been registered but it cannot be said at this stage that applicant has been falsely implicated in the case when he was intercepted at the airport of Karachi while carrying away one kilogram of Heroin. He was caught red‑handed on the spot and immediately case was registered.
The contention of the learned counsel that applicant has been involved due to enmity cannot be considered at this stage. It may be possible that applicant had been dealing with the Heroin and the persons who had grievance against him might have informed the police and applicant was, therefore, caught while carrying the narcotic.
From the tentative assessment of the evidence I am of the view that case is not fit for bail. The offence is punishable for imprisonment for life. Application dismissed.
M.Y.H./M‑40/K Bail refused.
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