1. ' KHAWAJA NAVEED AHMED, J.--- Mr. Waseem Samo, Advocate has moved this bail application on behalf of accused Ejaz Ahmed, who was absconding from justice for last five years. According to the prosecution story on 3-10-2003 co-accused Khalid Khan was arrested by Preventive Officer, Custom Department, at International Departure Hall, Jinnah International Airport, Karachi who was taking with him Samsung Computer Monitor. One kilogram heroin was concealed in the computer monitor. Khalid Khan was apprehended with one thousand gram heroin. The co-accused had disclosed to the police that Ejaz Ahmed had financed the purchase of heroin and he had arranged for its transportation. Ejaz Ahmed was the main beneficiary. He had absconded from the country for five years and has now been apprehended after hectic efforts made by the Investigating Agency.
2. ' I have heard Mr. Waseem Samo, Advocate for the appellant, who states that nothing has been recovered from the present applicant and he has been made accused in this case only on the basis of statement of co-accused Khalid Khan who was apprehended with heroin and as such his case is one of further inquiry. He has relied upon the case of The State v. Mukhtar Ahmed Awan reported in 1991 SCM R 322 and the case of Muhammad Mushtaq v. State reported in 1995 M LD 1755.
3. Mr. Khalid Nawaz Khan Marwat, Advocate for the State, submits that the present applicant has not only remained fugitive from law for more than five years but the prosecution is in possession of statements of five witnesses who support the version of the co-accused Khalid Khan, regarding applicant's being the principal accused and main beneficiary in this case.
4. Be that as it may, at this stage of the case I will refrain from making any observation regarding merits of the case as the same may prejudice the case of either party at the trial. However, prima facie case is established against the present applicant. Hence, this bail application is dismissed.
5. However, since this is an old matter of 2003, the trial Court is directed to record evidence of material witnesses within three months from the date of communication of the order whereafter the applicant will be at liberty to repeat his bail application before the trial Court on merits.