1999 PLP 3344 (MLD)

Shaharyar Sheikh and Jawad Nasir Rattu for Petitioner, Muhammad Sharif Chohan for A.N. F. The petitioner Mukhtar Bibi is seeking post-arrest bail in a case registered vide F. I. R. No.7 of 1997, dated 7-3-1997 for the offences under section 9(c) of C.N.S.O., 1996 and Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 pertaining to Police Station A.N.F. Lahore. The allegations levelled in the F.I.R, are that the Director of Intelligence Operations, A. N. F. Islamabad, received an information from Pakistan Consulate General, Saudi Arabia wherein it was reported that he had visited Jeddah Jail and met the ladies who were arrested and confined there for smuggling of heroin who revealed that in Pakistan there was a group of persons consisting of Shafique, his wife Irshad Bibi alias Shadan (sister of the petitioner), her brother Muhammad Javed, residents of Peoples Colony, Gujranwala and sister in law of Shafique namely Safia Bibi daughter of Meraj Din and a lady namely Azra Bibi residents of Gujranwala and another group consisting of Idrees etc. which had induced them to smuggle herein to Saudi Arabia on the pretext of performing Umrah and, suitably rewarding them for their rendering assistance in their objective.

2. The petitioner was arrested in the case on the statement of other co- accused with the allegation that the petitioner was the main accused and she used to supply the heroin to the other accused which were hidden in the ladies garments. The petitioner's application has been dismissed by the Judge, Special Court, Lahore on 15-11-1997.

3. We have heard the learned counsel for the petitioner, the State and have also seen the record.

4. It is contended by the learned counsel for the petitioner that the petitioner is not named in the F. I. R., no recovery has been effected from her and the only evidence available on the record is that of the statement of co -accused and the alleged confession made by the petitioner was the result of coercion. It has also been submitted that the earlier orders passed by this Court on 17-3-1998 in Criminal Miscellaneous No.4786-B of 1997 for conclusion of the trial within four months have not been complied with and the trial is not in sight.

5. The evidence brought on the record shows that the petitioner is member of a gang, indulged in smuggling of heroin to Saudi Arabia and the petitioner's whole family is involved in the narcotics trade. The inculpatory statements of the co-accused also point towards the guilt of the petitioner. Prior to the registration of this case, the petitioner was also involved in a similar case. Some A material, has also been collected to the effect that the property owned by the petitioner and her family and the money lying in various bank accounts belonging to them is much beyond the known means of livelihood of the petitioner and her family members. Considering the overall circumstances of the case, we are of the view that there are reasonable grounds to believe that the petitioner is involved in the offence charged against her and is not entitled to the concession of bail. Resultantly, the application is dismissed with a. direction to the trial Court to conclude the trial expeditiously. H.B.T./M-919/L Bail application dismissed.