1988 P Cr (PLP)

Sohail Akhtar for Petitioner. Qamar‑uz‑Zaman for the State. This is a petition under section 497, Cr.P.C. by Muhammad Aslam Pervaiz, petitioner, for bail in respect of a case instituted against him and two others under sections 156(1), 89/157 and 178 of the Customs Act, 1969, read with Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979.

2. The prosecution case in brief is that on secret information being received by the Customs Intelligence that two persons carrying heroin on a scooter, for the purposes of smuggling, were coming from Okara, a Nakabandi party was held on the bridge of Thokar Niaz Baig. Muhammad Aslam Pervaiz, petitioner, and Muhammad Aslam, co‑accused who were coming on a scooter, were apprehended. The petitioner was driving the scooter, whereas his companion, who was sitting on the pillion behind, was found to be holding a bundle containing 9 kilograms of heroin of foreign origin. On interrogation by the Customs Staff, the two accused disclosed that one Muhammad Hanif of Okara was also involved in the said operation.

3. On behalf of Muhammad Aslam Pervaiz, petitioner, it is submitted that he was merely coming from Okara to Lahore and meeting Muhammad Islam, co‑accused, on the way he gave him a lift and that otherwise he was not involved in the smuggling. It is further submitted that no public witness was made to join in the recovery proceedings. It is further submitted that Muhammad Hanif, co‑accused, has been acquitted under section 265‑K, Cr.P.C. by the Special Judge, Customs, whose case is parallel with that of the petitioner.

4. I have heard the arguments of the learned counsel for the petitioner and the State and have also perused the record. From the statements of the witnesses recorded by the investigation agency it is apparent that Muhammad Aslam Pervaiz, petitioner, was directly involved in the transport of heroin. The case of Muhammad Hanif, co‑accused, is distinguishable as he was not apprehended at the spot and, therefore, he was given the benefit of doubt under section 265‑K, Cr.P.C. Since the petitioner was apprehended at the spot, his case is not at par with that of Muhammad Hanif, co‑accused. The heroin in possession of the two accused was 9 kilograms in weight, valuing almost Rupees Nine Lacs (Rs.9,00,000) and sufficient to destroy the lives of thousands of people. I do not see any good, grounds for releasing the petitioner on bail.

5. For the foregoing reasons, there being no merit in this petition the same is dismissed. S.A./M‑809/L Bail refused.