IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Bail Application No.411 of 2019
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DATE ORDER WITH SIGNATURE(S) OF JUDGE(S)
FOR HEARING OF BAIL APPLICATION
Date of hearing: 26.4.2019
Date of Order: 26.4.2019
Mr. Mehar Qadir Khan, Advocate for Applicant
Ms. Abida Parveen Channer, Special Prosecutor, A.N.F.
ORDER
Abdul Maalik Gaddi, J. Through this Bail Application, the applicant/ accused namely Jawed son of Dawa Khan seeks post arrest bail in Crime No.42/2018 under Section 6/9(b) of CNS Act 1997 registered at P.S. ANF-II Korangi, Karachi.
2. Precisely relevant facts of the case as per FIR are that on 29.11.2018 at about 0050 hours Sub Inspector Muhammad Mashooq of PS Muhammad Ali Society, Karachi lodged FIR and alleged therein that when he was present on his duty at PS, he received spy information through high ups that an international narcotic smuggler namely Javed R/o Mardan would attempt to smuggle the huge quantity of narcotic to aboard Saudi Arab via Masqat through Flight No.WY-326 at about 1155 hours from JIAP, Karachi and in case of immediate action arrest of accused and recovery were sure. Hence on receipt of said information he along with his staff & spy informer left PS under supervision of A.D/ Incharge of PS Ali Aslam Turk, vide roznamcha entry No.13 at about 2200 hours and reached at Entry gate of Jinnah International departure lounge and started secret surveillance and at about 2240 hours on the pointation of special informer they saw that one person was having multi colour travelling bag in his right hand and some documents in his left hand came near departure entry gate, hence they apprehended him. He asked the people present there to act as witness but they refused due to fear of narcotics smugglers. He while citing ASI Zaheer Iqbal and PC Maqbool Ahmed as mashirs and inquired his name on which he disclosed his name Javed s/o Dawa Khan and inquired about the narcotics on which he expressed availability of narcotics in his travelling bag, hence he himself took of two gray colour Shalwar, one white colour Shalwar and one brown colour Shalwar from the said travelling bag and handed over the same to the complainant, therefore complainant thoroughly checked the said Shalwars and recovered 700 grams Methamphetamine from all four Shalwars and then sealed it in white cloth bag at the spot for the purpose of chemical analysis. The travelling bag also sealed separately while putting all four Shalwars and useable articles/ cloths. At that time one present passport, one canceled passport, Air ticket, one copy of CNIC, one wallet contained 500 Saudi Riyal, cash Rs.1570/- Pakistani, driving license in his name, one receipt Bema Policy and one mobile phone of Nokia company secured from his possession. He then prepared memo of arrest and recovery on the spot and returned back to PS along with secured property where he lodged FIR.
3. Learned counsel for applicant/ accused contended that accused is innocent and falsely implicated in this case with malafide intention and nothing was recovered from the possession of accused. He contended that accused was standing at Airport and at that time no incriminate article was with him except cash amount mentioned in the FIR, same was demanded by the police but he refused to pay the same, therefore he booked in this case by foisting alleged narcotics. He further contended that despite arrest of the present accused from Airport, no private person has been cited to have witnessed the subject crime, indeed nothing was recovered from possession of the accused. He vehemently contended that accused is a first offender and never been involved in any FIR prior to this case. He prayed that accused may kindly be enlarged on bail.
4. Learned Special Prosecutor, ANF opposed this bail application on the ground that 700 grams methamphetamine recovered from the possession of the accused while he was leaving to Saudi Arabia from Karachi. She has contended that Passport and air ticket were also recovered from the possession of the accused at the Airport and the offence of the accused is against the society, whereas such substance is a lethal drug more than heroin and having value of million of rupees. She also submits that during investigation, accused has also made a judicial confession before Judicial Magistrate, Malir, Karachi, voluntarily, therefore, according to her there is a strong piece of evidence against the accused in shape of judicial confession, hence he is not entitled for any relief.
5. I have heard the learned counsel for parties and perused the record.
6. It appears from record that the applicant/ accused was arrested by ANF officials from Jinnah International Airport Karachi, while he was leaving to Saudi Arabia from Karachi and recovered 700 grams methamphetamine in presence of mashirs, who have no inimical terms with the applicant/ accused. It also appears from record that during investigation, the present applicant/ accused has also made a judicial confession before Judicial Magistrate, Malir, Karachi, stating therein all the facts, in which he has admitted his guilt, prima facie shows the involvement of the applicant/ accused in a case of serious and heinous in nature. The case is at initial stage.
7. Admittedly, no any ill will or enmity and personal grudge have been shown with the accused through any cogent proof, prima facie, the accused involved in the commission of crime and the contention of learned defence counsel that accused was booked in this case as he did not pay amount, is devoid of force in view of recovery of narcotics and travelling documents, therefore, in my humble opinion he is not entitled for the concession of bail, therefore, this bail application is hereby dismissed.
Judge
asim/pa