2006 PLP 468 (SCMR)

HAMID ALI MIRZA, J.

This criminal petition for leave to appeal is directed against judgment, dated 24-12-2005 in Criminal Miscellaneous No.8095/B of 2005 (Sh. Muhammad Tasleem v. The State), whereby the said criminal miscellaneous application was dismissed thereby bail to the petitioner was declined by the learned Single Judge of the Lahore High Court, hence this petition.

2. Brief facts of the case as stated in the F.I.R. are that Director-General Intelligence, Customs and Excise, Islamabad, through a written letter dated 23-7-2005 informed the Customs Department that Container 320945-2 which was received in Saudi Arabia containing marble tiles and electric wire rolls when checked on 9-4-2005 Hashish weighing 1030.309 kilogram was found therein and the same was exported under Licence No.8 of 2004 of petitioner's agency. In view of the said information received, F.I.R. No.50 of 2005, dated 24-8-2005 was registered at Railway Police, Mughalpura, Lahore for offence under sections 6, 7, 8 9(c), 14, 15, 16 of the Control of Narcotic Substances Act, 1997 and petitioner was arrested. The petitioner applied for his bail after arrest before the Additional Sessions Judge, Lahore who declined to grant him bail vide order, dated 27-10-2005. The petitioner thereafter preferred Criminal Miscellaneous Application No.8095/B of 2005 before the Lahore High Court, Lahore, which application was also dismissed vide impugned order.

3. We have heard learned counsel for the petitioner and perused the impugned order and the record.

4. The only contention of learned counsel for the petitioner is that there is delay in lodging the F.I.R. and the name of the petitioner is not mentioned in it nor any role of loading or buying of alleged electric wires containing Hashish has been attributed to the petitioner. He further submitted that there is no material against the petitioner implicating him in 'the commission of crime. He has referred to para.10 of the challan contending that even the petitioner was not knowing about the export of alleged Hashish through the cargo cleared by the Clearing Agency of the petitioner.

5. We do not find any merit and substance in the said contentions.

6. Admittedly name of the petitioner is mentioned in Column No.2 of the challan which itself would show that the Investigating Agency after carrying out investigation in the matter placed the name of the petitioner in Column No.2 of the challan. Admittedly he is the proprietor/owner of the Clearing Agency "Messrs Crystal Clear" which is run by him would be prima facie responsible of Hashish having been found in the consignment keeping in view of fact that he has acted in dual capacity as exporter as well as clearing agent. The case has not proceeded so far, as such relevant material viz. Chemical Examiner's report; samples which the prosecution has to produce would be collected from Saudi Arabia as stated in challan. In the circumstances, it cannot be said that the petitioner has made out a case for grant of bail in the matter for further enquiry, hence no case for grant of bail is made out considering also that the alleged offences being punishable to death. Resultantly we find no case for grant of leave to appeal is made out, which is declined, and the petition is dismissed. N.H.Q./M-13/SC??????????????????????????????????????????????????????????????????????????????????????????? Bail refused.