1998 PLP 997 (MLD)

To begin with, on 8-1-1997 Ghulam Hussain, Station House Officer was busy in the investigation of a case under section 9/14, Offence Against Property (Enforcement of Hudood) Ordinance 1979 read with section 457 P. P. C. registered vide F. I. R. No. 11 of 1996, the accused/respondents Bahadur Aman and Sultan Azam, residents of Tangir Korangay, District Diamer, who were suspected, informed the S.H.O. that they have no hand in the burglary case for which they are being interrogated, but they disclosed to the very Investigating Officer that they are trafficking in arms and contraband opium and they further apprised the Investigating Officer that they had brought some opium and one China made pistol for selling to Mouza Hundur and were in search of a customer; that they could not find any customer there and therefore they concealed the contraband opium and the unlicensed pistol at village Hundur near Burkot Bridge on the bank of river and themselves proceeded towards Ginday in search of a customer, when they were arrested by the local police.

2. Armed with this information, Ghulam Hussain S.H.O. in the company of A.S.I. Muhammad Niaz, Rehmat Baig H.C., Baba Khan and Fida Muhammad Shah constables left for Mouza Hundur alongwith the accused/respondents who were in custody of the police and across the river, near Burkot Bridge from the bank of the river, at the instance and pointation of accused/respondent Bahadur Aman, in the presence of Numbardar Maqsad Ali Khan, Bul Jan, Gul Jhanat, Faqir Muhammad and Malik Muhammad, residents of village Hundur, from underneath, two big stones a bag of white colour was recovered and on opening the same, the Investigating Officer found two plastic pieces. In one plastic, 30 bore pistol made in China, one spare magazine besides 4 live rounds of 30 bore pistol and in other piece of plastic, contraband opium was found and the opium was weighed in the nearby shop of one Mirza Ali Khan in the presence of the aforesaid marginal witnesses. On weighing the contraband opium, the total quantity was found 3750 grams and the opium was sealed into a parcel.

3. On the basis of the recovery of contraband opium and the unlicensed 30 bore pistol alongwith 4 live rounds of 30 bore pistol etc., the Investigating Officer registered a case against the accused/respondents Bahadur Aman and Sultan Azam.

4. The accused/respondents approached the Sessions Judge Ghizar for bail, who in his turn after hearing the arguments, pro and contra, enlarged the accused/respondents on bail, subject to their furnishing bail bonds in the sum of Rs. 50,000 with two sureties each, in the like amount to the satisfaction of S.D.M. Punial, vide his order dated 6-3-1997.

5. Feeling dissatisfied with the impugned order, passed by the Sessions Judge Ghizar, the State moved the present application for cancellation of bail granted to the accused/respondents.

6. I have heard Mr. Hafizur Rehman, District Attorney on behalf of the State and Malik Haq Nawaz, Advocate for the accused/respondents and also studied the file.

7. The accused/respondents while in custody in another case, admitted before the S.H.O. Ghulam Hussain that they are innocent so far the theft is concerned and they further informed the Investigating Officer that they are dealing in contraband opium and arms; that they had come to village Hundur in search of a customer in order to sell contraband opium and one unlicensed pistol, but they could not get any customer, therefore, they started for village Ginday and have concealed the opium and the unlicensed 30 bore pistol across the river near Burkot Bridge on the bank of the river. The accused/respondents while in hand-cuffs led the police to the bridge in question and from near the bridge on the bank of the river, at the instance and pointation of Bahadur Aman, accused/respondent, recovered one China Made 30 bore pistol, one spare magazine alongwith 4 live rounds of 30 bore pistol and 3750 grams of contraband opium duly wrapped in different plastic pieces, in the presence of the marginal witnesses. The offence of dealing in contraband opium falls under the prohibitory clause of section 497, Cr.P.C. as the punishment provided for the same is imprisonment for life.

8. For the aforesaid reasons, the Sessions Judge Ghizar was not justified to allow bail to the accused/respondents. I, therefore, recall the impugned order and cancel the bail granted to the accused/respondents. The accused/respondents present in Court are to be taken into custody and remanded to judicial lock-up as under trial prisoners. H.B.T./32/Gilgit??????????????????????????????????????????????????????????????????????????????????????????????? Bail cancelled.