2009 PLP 885 (YLR)

On 5-4-2004 at 10.00 p.m. some cartons of hard board sent by exporter M.M International were intercepted by the sniffer dogs at the place of incident, therefore, the complainant Mumtaz Hassan Khan, Senior Preventive Officers opened some cartons in which some jeans were lying. Subsequently, more cartons were opened from there some jeans were also recovered which contained heroin powder total weighing 9 k.g. The Exporter Muhammad Nawaz was arrested. On his statement the applicant and his master Mahboob Ali were arrested. Both the applicant and Mehboob Ali filed bail application before the Trial Court where co-accused Mehboob Ali was granted bail while bail application of applicant was dismissed. The learned Advocate for the applicant has stated that the applicant has been involved on the statement of co-accused which is inadmissible; that the applicant has been involved on the builty through which one Nadeem had sent 10 boxes of hardware from Lahore to the applicant that was allegedly received by the applicant; that the said boxes have not been connected with the cartoons secured from the place of the incident and that the case of applicant is similar to that of his master Mahboob who has been granted bail. Conversely, learned special prosecutor ANF argued that the prosecution has collected evidence in the shape of telephonic conversation between the applicant and co-accused Muhammad Nawaz and other co-accused Mahboob Ali; that the applicant has been involved on the statement of the co-accused Muhammad Nawaz and further that builty showing 10 boxes containing hardware were received by the applicant. However he has admitted that the prosecution has not connected these boxes with the consignment from which the heroin powder was secured. We have given due consideration to the arguments, gone through the material placed on record and found that the prosecution has collected the evidence against the applicant in the shape of statement of co-accused which apparently is inadmissible in evidence. The second piece of evidence collected by the prosecution is builty under which 10 boxes containing hardware were transported from Lahore to Karachi which were allegedly received by the applicant and he had executed such receipt as alleged by the prosecution. Admittedly, the said boxes have not been connected with the consignment secured from the place of incident containing heroin powder without such connection it cannot to be held at this stage that the boxes received by the applicant are the same boxes from which the heroin powder was secured, however, these pieces of evidence require deeper appreciation and that can be undertaken by the Trial Court when the required evidence is produced before the Court. At the bail stage only tentative assessment is to be made from the said assessment, we are of the view that the applicant is entitled to concession of bail. Consequently, bail is granted to the applicant in the sum of Rs.10,00,000 on furnishing solvent surety with P.R. bond in the like amount to the satisfaction of the Trial Court. The applicant is allowed. H.B.T./W-1/K Bail granted.