2008 PLP 2707 (YLR)

KHAWAJA NAVEED AHMED, J.

Brief facts of the prosecution case as narrated in the F.I.R. are that on 27-11-2007, S.H.O. Inspector Mir Badshah along with his staff had apprehended present applicant on spy information from departure lounge of Jinnah International Airport, Karachi. It is alleged that the accused was concealing heroin in the shape of capsules inside his body which were recovered through medical process and weighed around 690 grams. The learned counsel for the applicant states that offence falls under section 9-B and as such does not fall under the prohibitory clause of section 497, Cr.P.C. Mr. Ashfaq Rizvi, learned Special Prosecutor ANF, while opposing the bail application has drawn my attention towards the order of learned Special Judge Court No.1, CNS, Karachi. The relevant portion is reproduced hereunder:

"After hearing arguments advanced by the learned counsel for the parties, I have minutely examined the material available on the record. The allegation against the accused is that he was going to abroad when he reached at Jinnah International Air Port, Karachi, the official of ANF authorities got apprehended him in pursuance of spy information and the accused was put under medical process, resultantly, Heroin Filled Capsules weighing about 690 grams were recovered from his stomach. The Passport, Air Ticket, Rs.1500, UAE Durham etc., were also recovered from the possession of accused. Chemical Report received in positive, there is nothing on record to show that the ANF or any witness has enmity with the accused to implicate him in this case falsely. Thus reasonable ground exist to believe that accused has committed non-bailable offence, which is against the society and also defame the country in the world. It is settled principle of law that the deeper appreciation of material is not permissible at bail stage, the alleged offence does not fall within ambit of prohibitory clause, the bail in such cases cannot be allowed as matter of right. Reliance is placed on 1999 PCr.LJ 111-and 2000 PCr.LJ

105. In view of the above circumstances I do not find any merits in the bail application. Accordingly same is dismissed. " I have heard the learned counsel for the parties and have perused the record. I am in agreement with the learned trial Judge as far as, grant of bail is concerned in this case. However, since the applicant is in custody for last eight months and no progress has been made in this case, I direct the trial Court to record the evidence of complainant and one mashir within two months of -the receipt of this order and thereafter applicant will be' at liberty to repeat his bail application in the trial Court, if so advised. Criminal Bail Application No.570 of 2008, stands disposed of with the above observation. N.H.Q./M-117/K Bail refused.