2009 PLP 598 (YLR)

Petitioner seeks his post arrest bail in case F.I.R. No.143 dated 17-4-2008 registered under sections 6, 7, 8, 9(c), 14, 15 C. N. S. A, 1997 at Police Station Industrial Area (Islamabad).

2. Briefly, allegation against the petitioner is that 14-Kilo and 500-grams heroin was recovered, by the Customs Authorities, from the consignment of shoes, which was booked as per invoice bearing petitioner's name through some shipping services.

3. Learned counsel for the petitioner contends that the petitioner is innocent and has been falsely implicated in this case, only on the basis of suspicion, whereas, no direct evidence is available against him; that nothing was recovered from his possession; that identification parade was not conducted; that owner of Shoe Company namely Lal-ur-Rehman, on seeing photograph of petitioner, categorically stated before the I.O. that petitioner is not the person, who purchased shoes from his shop and statement of Jahanzaib also shows that the petitioner is not the person, who purchased the shoes, which makes this case that of further inquiry; that vide memo dated 21-4-2008 of Customs Authorities, Nasir Bezan is mentioned as real culprit and name of petitioner was substituted subsequently; that actually the petitioner was dealing with the business of Carpets. He has further contended that it appears from the record that certain forgeries regarding signatures were, made and possibility cannot be ruled out that name of petitioner was fictitiously used by the unknown culprits; that investigation of this case was conducted dishonestly, which was observed by this court while deciding bail application of co-accused Qamar Rasool; that co-accused Qamar Rasool has been granted bail by this Court and present petitioner also deserves same treatment on the basis of principle of consistency; that prosecution case has not been supported by its own main witnesses Lal-ur-Rehman and Jahanzaib, who have categorically stated that petitioner is not the person, who purchased shoes from their shop; that main accused Nasir Bazen is still at large, whereas, the petitioner is Ist offender and has no previous history, who is behind the bars since his arrest; that challan has been submitted in the court but there is no progress in the trial and keeping a person behind the bars, in such like case, for indefinite period amounts to pre-mature punishment, which is not warranted by the law. He has lastly argued that the petitioner is seriously ill and is not being properly provided medical treatment in jail.

4. Conversely, learned Deputy Attorney General has strongly opposed this bail petition, on the ground that huge quantity of narcotics was tried to be transported by concealing in the shoes and there is sufficient material on record, to connect the petitioner with commission of this heinous offence; that total 2040 pair of shoes were purchased, out of which 40-pairs were purchased from `Hush & Puppy Shoes Company', owner of which was examined during the investigation, who on seeing photo-graph of petitioner, categorically stated that he was the person, who purchased shoes from his shop; that statement of said owner was also supported by the Manager of his Company; that Manager of Pak Towers had also stated before the I.O. that petitioner was also residing in the Flat with his co-accused Nasir Bazen; that other articles recovered at the time of search of Flat also belong to the petitioner; that `Travelling History' also shows that petitioner had been travelling with his co-accused Nasir Bazen. He has lastly argued that the case of petitioner is at different footings from his co-accused Qammar Rasool, therefore, principle of consistency does not favour him and that challan in this case has been submitted before the learned trial court, where trial is likely to commence.

5. We have heard the arguments advanced by both sides and perused the record, with their able assistance.

6. Admittedly, the narcotics was recovered from the shoes, those were purchased from `Hush & Puppy Shoes Company' and owner along with Manager of said company have identified the petitioner, on seeing his photograph, being the person, who purchased shoes from them. The articles recovered from the flat like wrappers/packing material also connect the petitioner, with commission of this crime. Deeper appreciation of evidence is not allowed at bail stage and only tentative assessment of material collected by the prosecution during investigation, is to be made. After hearing both sides and perusing the record, we feel no hesitation to hold that prima facie there is sufficient material on record, to believe involvement of the petitioner in this case, wherein offence is punishable with Death or life Imprisonment and falls within the ambit of prohibitory clause of section 497, Cr.P.C. Challan has already been submitted in trial Court, where trial is likely to commence.

7. Resultantly, we do not find any substance in this bail petition, which is hereby dismissed. H.B.T./I-5/Isl. Bail refused.