1999 PLP 1286 (YLR)

MUHAMMAD AZAM KHAN, J.‑‑ Sakhawat Ali Shah son of Rehan Shah, resident of Rahim Abad, Swat at present Central Jail, Peshawar involved in case F.I R. No.36, dated 4‑9‑1998 of Police Station Anti‑Narcotics Peshawar for offences under section 14/15 of Control of Narcotics Substances Act, 1997 after having failed to secure bail from the Court of Additional Sessions Judge, Judge Special Court, Peshawar vide his order, dated 2‑10‑1998, has approached this Court for the purpose of bail. This case was initiated on the basis of a Letter No. 18, dated 15‑5‑1998 sent by the Deputy Liaison Officer, of the Royal Saudia Embassy Islamabad addressed to the Director Anti‑Narcotics Force Rawalpindi, who subsequently transmitted the same to Captain Mehmud Ayub, Assistant Director ANF, Peshawar for registration of the case.

2. Relevant facts of the case briefly stated are that three Pakistani Nationals namely Yaqoob Ahhma allegedly carrying 253.9 grams, Mst. Shaheen 316 grams and Mst. Musarrat 250 grams of heroin in their abdomen, were apprehended on 8‑12‑1997 at King Abdul‑Aziz Airport, Jeddah, having arrived from Pakistan. During the investigation of the aforesaid case by the Saudi Authorities Yaqoob Ahhma made a confession in which he involved the present petitioner and his companions namely, Nawaz, Noora Khan and Shabbir for having hired the aforesaid three passengers to carry the contraband heroin in the shape of capsules by swallowing and taking the same to Saudi Arabia in return of Rs.30,

000. This confession is not available on the record but the contents of the letter of the D.L.O. aforesaid suggests that the petitioner alongwith one Noora Khan had directed the carriers to swallow the heroin capsules.

3. The record suggests that no positive role has been attributed to the present petitioner. In fact the co‑accused Noora Khan appears to be the principal character involved for the offence. The complicity of the present petitioner as reflected from his statement under section 161, Cr.P.C. during the investigation is only to the extent that he managed to obtain visas and tickets for the actual culprits for their journey to Saudi Arabia. Admittedly this admission is of no avail to the prosecution. In view of the material available on the record it is difficult to hold that the petitioner was actively involved in the offence charged for. There are sufficient grounds for further enquiry into his guilt and we feel that his case falls under the ambit of clause (2) of section 51 of the Control of Narcotics Substance Act, 1997. We, therefore, accept this application and order the release of the petitioner on bail provided he furnishes bail bonds in the sum of Rs.2,00,000 (Rupees Two lacs) with two sureties each in the like amount to the satisfaction of the Illaqa Magistrate. N.H.Q./356/P Bail allowed.