1990 P Cr (PLP)

(i) Anwar Khattak (ii) Gul Khan Khattak (Gulat Khan) son of Juma Khan (iii) Lala Ayub Khan (iv) Sadat Ali Shah alias Badshah Khan (v) Haji lqbal Shah (vi) Farooq (vii) Aslam Khan (viii) Haji Mithoo (ix) Rehman alias Butt (x) Shafqat Raza son of Allah Bakhsh (xi) Issac Mall son of V.R. Mall To suffer rigorous imprisonment for one year, lashes fifteen (to commence on arrest) and fine of Rs.50,00,000 (Rupees fifty lacs only) each. The case file was also returned for submission of charge‑sheet before the competent Court.

3. On 5‑9‑1988, the charge‑sheet against the above absconders was submitted before Special Judge (Customs and Taxation) Karachi. On 29‑4‑1989, applicant Anwar Khattak, said to be king of narcotics was arrested.

4. I have heard Mr. S.M. Zafar, learned counsel for applicant and Mr. Abdul Sattar, learned counsel for the State. The latter has opposed the bail application.

5. It is clear from the record that applicant Anwar Khatak was a fugitive from justice. He was also convicted for non‑appearance before Martial Law Authorities, and even if it is taken for granted that the conviction awarded to him ceases to hold field, in view of general pardon granted by the present Government, it will not disturb the finding that he was a fugitive. As an absconder the applicant is not entitled to any indulgence. The cases reported as Ibrahim v. Hayat Gul and others 1985 S C M R 382 and Sadiq v. Sadiq and others P L D 1985 SC 182, are relevant in this behalf. In the latter citation the Supreme Court examined the effect of abscondence of the accused in relation to his right to obtain bail, and observed as follows: The effect of abscondence as explained by this Court in its two recent judgments is that the person becoming a fugitive from law loses some of the normal rights granted to accused persons by the procedural as also substantive law and disentitles himself to the concession of bail notwithstanding the merits of his case, unless he can satisfactorily explain the period of his abscondence."

6. The application for bail is thus liable to be dismissed on this score alone.

7. On merits also the applicant has got no case. During the course of investigation 164, Cr.P.C. statements of four defence personnel were recorded by 1st Class Magistrates, in which they have fully implicated the present applicant who is the main accused of this case. The Magistrates have been cited as witnesses in the charge‑sheet and others can be added during the pendency of the trial. Trafficking in narcotics is a crime against humanity and should not be encouraged by liberal exercise of bail.

8. No case for bail is made out and the application is accordingly dismissed. N.H.Q./A‑639/K Application dismissed.