1. ' SALMAN ANSARI, J.---Applicant Muhammad Kashif was apprehended on 15-6-2007 at 1730 hours while leaving for Kathmandu via Bahrain by Gulf Airlines Flight No, GF-753 and on inspection heroin weighing 600 grams was recovered from his shoes and subsequently on his physical examination heroin filled capsules were recovered containing 450 grams heroin and the learned Special Judge- II, (C.N.S.) Karachi had rejected the bail application on the ground that the case was registered under section 9-C C.N.S. Act, 1997 and falls within the prohibitory clause of section 51 C.N.S. Act, 1997.
2. 'Learned counsel for the applicant had argued that the accused is in custody since more than 16 months and no witness has been examined, recovery falls on border line placing reliance upon 2006, PCr.LJ 726 (Peshawar)-Sherin Muhammad v. The State, 2007 YLR 2968 (Karachi)Mehboob All v. The State 2006 M LD 1961 Imtiaz All v. The State, where the bail had been granted in which the recovery was shown on the border line of offence falling under sections 9(b) and 9(c) of the C.N.S. Act 1997. Learned counsel also argued that all the capsules have not been sent for chemical examination, placing reliance upon. 2007 M LD 1846 Muhammad Nawaz v. The State, 2008 M LD 608 Muhammad Farrukh Khan Zia v. The State, learned counsel has argued that accused be released on bail.
3. ' Learned State Counsel has argued that offence falls under section 9(c), C.N.S. Act, 1997, which falls within the Prohibitory Clause of section 497(i), Cr.P.C. Such acts had brought bad name to the country. Accused is not entitled to bail at this stage.
4. ' Heard learned counsel for the applicant and learned counsel for the State in this case.
5. The accused is in custody since the date of his arrest and according to the State Counsel no witness has been examined. This delay cannot be attributed to the accused and the trial should have been expedited that even otherwise finding that the recovery in this case on the border line as held in the case law cited where under section 9(b) of C.N.S. Act, 1997 the punishment provided which may extend to 7 years, while under section 9(c) it was death or imprisonment for life.
6. Meanwhile considering the above facts and circumstances the case of the applicant requires further inquiry. He may be released on bail subject to furnishing solvent surety for an amount of Rs,500,000 (Five Lacs) with P.R. Board in the like amount to the satisfaction of the trial Court.