1990 PLP 1063 (SCMR)

(1) It was disclosed by PWs Muhammad Yaqub Lakhani and Ravi Lal of M/s. Data Travels (Pvt) Ltd., Karachi that the petitioner had got the ticket issued to Syeda Wazir Fatima and also for himself for travel by Air France and while he left earlier he got the ticket of Syeda Wazir Fatima changed from Air France to Philippine Airlines. (2) Syeda Wazir Fatima (accused) contacted Mrs. Qamar Zulfiqar Ahmad (accused) on Telephone No. 533186 after she was arrested at Karachi Airport and protested to her that she had been landed in trouble and that she should come to her rescue. (3) Reference of Telephone No. 533186 finds place in a letter dated 19‑7‑1988 sent by C.P.W. Hardwick, Drugs Liaison Officer London to Director (Intelligence) Pakistan Narcotics Control Board, Islamabad, which is available in case papers. (4) Arrest of Ijaz Ahmad, Muhammad Afzal Khan and Mrs. Abida Talat, son, son‑in‑law and daughter‑in‑law, respectively of Zulfiqar Ahmad, respondent No. 1 at John F. Kennedy Airport, New York, U.S.A. on 21‑4‑1989, while attempting to smuggle 3 Kgs. of powder of heroin, which was confirmed by U.S Department of Justice, Drug Enforcement Administration; in the following words: "This is to confirm that Ijaz Ahmad son of Zulfqar Ahmad, Mohammad Afzal Khan son of Sher Khan and Mrs. Abida Talat wife of Ijaz Ahmad, were arrested on April 21, 1989, at JFK Airport, New York, USA. The three Defendants were attempting to smuggle a total of three kilograms of SWA brown heroin, concealed within the plastic framework of three soft sided suit‑cases. At the time of arrest Ijaz Ahmad and Mohammad Afzal Khan admitted that they were attempting to smuggle the three kilograms of SWA brown heroin into the United States of America. The Defendants have been remanded to the U.S. Courts and are being held without bail, and are in custody of U.S. Law Enforcement Officials." (5) In all the three cases of smuggling, viz. the present one, the others referred to at No. (1) and (2), the modus operandi was the same and in all these cases the powder of heroin was concealed in soft sides of suit‑cases. Petitioner, in the first instance, filed an application for pre‑arrest bail before the Special Judge (Customs and Taxation), Karachi who granted his request but on the basis of the above‑mentioned pieces of evidence collected by the prosecution agency so far, learned Judge in the High Court took the view that the petitioner was not entitled to grant of pre‑arrest bail at this stage, and on this view of the case cancelled the bail granted to him by the impugned order. Mr. Azizullah Shaikh, learned counsel appearing in support of the petition submitted that the learned Judge in the High Court has failed to consider that on the admitted position, petitioner was out of the country on the relevant day, and the ipsi dixit of the lady co‑accused cannot possibly involve the petitioner in the crime. Learned counsel further submitted that the pieces of evidence so far collected by the prosecution cannot sustain a conviction, and therefore, the petitioner is entitled to pre‑arrest bail as rightly allowed to him by the learned Special Judge. We are not impressed with both these submissions as the case is yet under investigation, and the petitioner's involvement in the crime on the basis of the pieces of evidence so far collected cannot altogether be ruled out of consideration. According to the prosecution, petitioner is involved in smuggling of drugs outside Pakistan and since the pieces of evidence arc yet to be collected, it cannot be legitimately held that the learned Judge in cancelling the pre‑arrest bail to the petitioner violated any principle or provision of law so that the order passed by him is rendered amenable to correction or interference by this Court. For these reasons, the petition is dismissed. N.H.Q./Z‑89/S Petition dismissed.