2009 PLP 899 (YLR)

SALMAN ANSARI, J.

This bail application has been moved on behalf of the applicant/accused Mumtaz Hussain, who on 5-12-2007 was apprehended at Jinnah International Airport, Karachi, by the customs while he was leaving for Guangzhou. After search of his luggage it was shown that he had 1.25 Kilogram of Heroin powder packed in 33 polythene bags. Three samples weighing 5 grams were drawn, which were found to be heroin powder by the Chemical Analyzer. A case under sections 6/9(c) CNS Act, 1997 was registered against the accused, hence this bail application. It is argued, by the learned counsel for the applicant/accused that accused in custody for the last 11 months and the trial has not concluded. Placing reliance on 2007 YLR page 2968. That inordinate delay of 93 days in sending one sample of 5 grams to Chemical Analyzer makes this case one of further inquiry. Reliance is placed upon 2007 PCr.LJ 514, 2008 PCr.LJ 361 (Sartaj v. The State), 1996 SCMR 1541. The heroin powder of 5 grams sent for chemical examination was not taken out from each of 33 polythene bags rather it was taken out from the bulk of the stuff collected from all the 33 polythene bags and kept at one place. The sample shown in Chemical Report is not the same and it has been arranged and manipulated. The trial court has granted bail in two identical cases on the recovery of 1200 grams Heroin Powder, both the mashirs are from the customs department and the case was on the border line between clauses (b & c) of section 9 of the CNS Act, 1997, the accused be released on bail. The learned Special Prosecutor has opposed the bail application as according to him huge amount of heroin powder was recovered offence is punishable under section 9(c) of the CNS Act, 1997, and offence being not bailable, such acts have brought very bad name to the country where such narcotics are smuggled to foreign countries who are friendly to Pakistan. No leniency should be shown to the applicant by grant of bail, hence this application be rejected. Having heard the learned counsel for the applicant/accused and the learned State Counsel. In this case huge quantity of heroin powder was recovered from the luggage admittedly of the applicant/accused while he was travelling to Guangzhou, the punishment provided under section 9(c) of the CNS Act, 1997, shows that this offence falls within the prohibitory clause of section 497, Cr.P.C. being punishable with imprisonment not less than 14 years. With due respect to the case law cited to consider at the stage of bail whether chemical examination of the samples can be considered unlawful and the samples as ineffectual such deeper appreciation of offence at the bail stage is not warranted suffice it would be coming to the conclusion that the applicant/accused has been charged with the heinous offence to smuggle lethal narcotics to a foreign country and at this stage no leniency to be shown to the culprits, I therefore, find no ground for bail at this stage and reject this bail application with the directions to the trial Court to conclude the trial within a period of three months. This is with due respect to the case law cited, which in my opinion would not be applicable under the facts and circumstances of the present case, where admittedly heroin powder was recovered from the luggage of the accused Mumtaz Hussain. This bail application stands disposed of accordingly. H.B.T./M-200/K Bail refused.