1999 PLP 2503 (YLR)

The petitioner was arrested do 11‑11‑1998 while he was transporting contraband narcotics i.e., "Charas" weighing 2 Kg. (2000 grams) in Bus No.PRC‑1711 from Karkhano Market Peshawar where all the smuggled goods are available and are being sold openly under the very nose of the Police Custom Authorities etc., to Peshawar. Additionally, the petitioner was also bringing 110 forged currency notes of the denomination of Rs.100 each (Rs.11,000).

2. When the bus was stopped and the petitioner was searched and the articles were recovered from his possession he was asked if he could show that he was in lawful possession of the,same. The petitioner failed to produce any evidence to show that he was in lawful possession of the same, therefore, he was arrested by Muhammad Aman Shah Khan, Sub‑Inspector, Police Station, Hashtnagri, Tehsil and District, Peshawar. A case was accordingly registered against him under section 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 read with section 489‑B, P.P.C., Vide F.I.R., No.578, dated 11‑11‑1998 lodged in Police Station, Hashtnagri, Tehsil and District, Peshawar.

3. The petitioner's bail application was firstly rejected by Mr. Abdul Hakeem Hashmi, Senior Civil Judge/Judicial Magistrate, Peshawar and then by Mr. Muhammad Azeem Khan Afridi, Additional Sessions Judge (II) by their orders, dated 19‑11‑1998 and 25‑3‑1999 respectively. Hence this petition.

4. On a perusal/tentative assessment of the available record, it is not at all possible for me to come to the conclusion that reasonable grounds do exist for believing that the petitioner has not committed the offence charged with. Moreover, the reasons advanced by the lower forums for not granting bail to the petitioner are quite convincing and I do not want to upset their findings as they have committed no illegality or material irregularity. Reliance is placed in this respect on case titled Ijaz Ali Khan v. State reported as 1968 Supreme Court Monthly Review 1168, wherein it was held by the Hon'ble Supreme Court:‑‑‑ "The petitioner who is charged with the offence of murder has been refused bail by the Courts below from which he now seeks leave to appeal. On examining the facts appearing in the order of the learned Judge in the High Court we are inclined to the view that the conditions laid down in section 497, Cr.P.C., for refusing bail to the petitioner were amply fulfilled in this case. The petition is dismissed. "

5. This bail petition is without any substance and is, therefore, dismissed in limine. N.H.Q./385/P Bail refused.