Nineteen Capsules containing 130 grams heroin, put in the bottle of shampoo, placed in the bag of accused/petitioner, were recovered at Peshawar Air Port, when he was going to fly abroad. He disclosed swa llowing some capsules containing heroin, during interrogation. Therefore, he was sent to Hayat Abad Medical Complex, Hospital, where he was treated by Dr. Sharjeel and he managed to drain out 81 capsules from the belly of accused, containing 550 grams heroin, which were delivered to I.O. The heroin so recovered in two parts was taken in possession through two different recovery memos. The case was registered vide FIR No, 20 dated 3.3.2008 of Police Station ANF, Peshawar, u/S. 9(b) CNSA.
2. The accused/petitioner Fayaz Khan was declined bail by Mr. Anwar Hussain Khan learned Judge Special Court (CNS), Peshawar, on 27.3.2008.
3. While arguing on, the present bail application Miss Farhana Marwat Advocate, referring some unreported cases of this Court, argued that the accused is punishable only up to seven years imprisonment, as it falls u/S. 9(b) CNSA. It is not hit by Prohibitory Clause of Section 497 Cr.PC. In such like cases the grant of bail is a rule. For refusal, exceptional grounds are required, which are wanting. She also placed reliance on 2007 P.Cr.LJ page 1019, which is not applicable in this case because in the reported case there was a background of enmity, behind the arrest. The copies of unreported cases were not supplied. Concludingly, she further argued that the accused/petitioner has no previous history of involvement in such like cases, therefore, lenient view may be taken in his case.
4. Mr. Salahuddin Khan D.A.G for State opposed the petition on two grounds. Firstly, that although the case is punishable with seven years imprisonment, but the bar u/S. 51 CNSA equally applies to it; and secondly, that challan has been submitted and the accused/petitioner has been summoned to face trial. In such circumstances, he should not be granted bail in the light of observations of Hon'ble Supreme Court in the case reported in 2006 SCM R 1265.
5.In the peculiar facts and circumstances of this case, the accused/petitioner was attempting to smuggle heroin abroad through highly deceitful means putting at risk his own life and his nation's dignity. This can be an exceptional circumstance to decline him bail. Additionally, the accused/petitioner has already been called to face trial by the learned trial Court and he is not entitled to bail at this stage, keeping in view the principle reiterated by the Hon'ble Apex Court in the case reported as 2006 SCM R 1265 (e).
6. The petition dismissed.