1997 P Cr (PLP)

Akhtar Naveed for the State. Date of hearing: 12th February, 1996. Abdul Hamid accused-petitioner seeks bail in case F.I.R. No.89, dated 25-11-1992 Police Station Anti-Narcotics Force, Peshawar charged under Article 3/4, Prohibition (Enforcement of Hadd) Order, 1979.

2. According to the F.I.R., Narcotics Staff of Peshawar on 25-11-1992 at 10-30 hours received information that huge quantity of heroin would be smuggled in Pajeero NO;BB-5750, Karachi, from Peshawar to Punjab via Kohat. On this tip of, they arranged Nakabandi on Kohat Road near Jangaly. In the meanwhile the said Pajeero vehicle came which was stopped. The driver disclosed his name as Salim Khan son of Jumma Khan resident of Ziarat Wali Muhammad Baba Nauthia Peshawar and another person sitting with him disclosed to be Shah Nawaz alias Papu son of Allah Bakhsh, and during the search of the vehicle huge quantity of narcotics i.e. 55 Kgs. heroin was recovered from the said vehicle which had been concealed in secret cavities. The above two persons were arrested.

3. Accused-petitioner filed bail application in the Court of Illaqa Magistrate, which was rejected by City Magistrate, Peshawar vide his order, dated 21-8-1995. Then he approached the Court of Session where too the said concession was refused by the learned Sessions Judge, Peshawar vide his order, dated 14-9-1995. Hence the instant bail petition in this Court.

4. I have heard the learned counsel for the accused-petitioner, the learned State Counsel and have gone through the record of the case with their assistance.

5. No doubt the accused-petitioner is not charged in the F.I.R. but during the investigation his co-accused Shah Nawaz in his confessional statement disclosed that he was employed as driver by the accused-petitioner on payment of Rs.2,000 per trip, whereafter he made two trips. On the eventful day he was given Pajeero Vehicle No. BB-5750 Karachi for taking it to Dara Adam Khel and was told that heroin has been concealed in it. But the vehicle was intercepted by Narcotics Police near Mattani wherefrom on search 55 Kgs. heroin was recovered. Petitioner in his statement recorded under section 161, Cr.P.C. also admitted that he used to supply drivers for every trip to Noor Feroz Shah alias Shahjee, a narcotic dealer, for which he used to be paid Rs.7,000 per trip. The material on the record shows that despite the fact that the petitioner claims to be Government servant, yet he has been actively indulging in promoting the ugly business of narcotics for money considerations. It is highly condemnable for a Government servant to associate and to contribute in the promotion of evil business of heroin in one way or the other for monetary returns. The drug mafia by keeping itself off the scene, is extensively using the carrier and others for their ugly objectives, which tendency needs to be strenuously curbed. Moreover, the petitioner remained absconder for noticeable long period of about 32 months, which disentitles him to the concession of bail notwithstanding the merit of the case. Since the petitioner is involved in an offence, which is against the society at large and 611s within the prohibitory clause, hence this application is rejected. N.H.Q./2033/P Bail refused.