2023 PLP 749 (YLR)

ATHAR MINALLAH, C.J.

The petitioner Monday Erima Paul has sought post arrest bail in case FIR No.41, dated 06.07.2021, registered under sections 2(s), 16,156(i),9(8)(ii)(C) of the Customs Act, 1969 at Police Station I & P Branch, MCC, Islamabad.

2. The brief facts, as narrated in the FIR are that the petitioner upon his arrival at the Islamabad Airport was subjected to examination by the customs officials. The latter suspected that the petitioner may have concealed narcotic drugs in his body. The petitioner was referred to a hospital where 1350 grams of cocaine, contained in 75 capsules was recovered. Hence the instant petition.

3. The learned counsels for the petitioner has contended that; the latter is innocent; the petitioner has been falsely involved in the case with mala fide intention; story as narrated in the FIR is false, frivolous and concocted; the petitioner has not committed the alleged offence; investigation qua the petitioner has been completed and he is no more required for the purposes thereof; no incriminating material was recovered from the petitioner; the petitioner has been made an escape goat; the petitioner has been incarcerated for more than eight months; further incarceration of the petitioner will not serve any useful purpose; alleged offence does not fall within the prohibitory clause of section 497 of Cr.P.C.; the petitioner has no criminal record; there is no chance of abscondance of the petitioner or tampering with the prosecution evidence; report of chemical examiner is still awaited; the petitioner has no concern whatsoever with the alleged offence; no private witness was associated during recovery proceedings; recovery if any is fake and planted; offences are not attracted against the petitioner; there is no evidence against .the petitioner; the case of the petitioner comes within the ambit of further probe;. no case has ever been registered against the petitioner other than the present case; hence the learned counsel urges the petitioner to be released on bail.

4. On the other hand, the learned State Counsel and the learned counsel on behalf of Customs appeared along with M. Saleem, Inspector/I.O. Customs. They have contended that; the petitioner is specifically nominated in the FIR; substantial quantity of contraband substance was recovered from the abdomen of the petitioner after medical treatment; the petitioner is a smuggler of narcotics; sufficient incriminating material is available on record to connect the petitioner with the commission of the alleged offences; the petitioner has committed a heinous offence and is not entitled to the concession of bail at this stage. Hence, prayed for dismissal of the instant bail petition.

5. The learned counsels for the parties have been heard and record perused with their able assistance.

6. The factor of conscious knowledge at this stage obviously cannot be ruled out. Substantial quantity of contraband substance was recovered from capsules concealed in the body of the petitioner. Samples of the contraband substance were separated for chemical examination and sent for analysis. There is sufficient incriminating material brought on record to decline the concession of post arrest bail. The Court is, therefore, not inclined to extend the concession of bail. However, it is expected that the learned trial court will endeavour to conclude the trial expeditiously. The court also expects that the prosecution as well as the petitioner will ensure that the trial is not delayed.

7. For the above reasons, bail is refused and the instant petition is accordingly dismissed. Needless to mention that the observations recorded in the instant petition are based on tentative assessment, which will obviously not prejudice the proceedings before the lear d trial Court. SA/163/Isl. Bail declined.