'SALMAN ANSARI, J.---This bail application has been moved on behalf of applicant Tariq Mehmood who on 5-4-2008 was intercepted by the Anti-Narcotic Force while he had reached Jinnah International Airport for leaving through flight No,PK898 for Kaulalampur, on suspicion he was detained and subjected to medical examination and on 6-4-2008, 80 heroin filled capsules were recovered from his intestines which was confirmed to be the heroin, on the subsequent chemical examination, the net weight of the same was found to be 720.00 grams. The F.I.R. Was registered and the applicant was arrested in the case, hence this bail application.
2. Learned counsel for applicant has pointed out that the case falls under section 9(b) of the CNS Act, 1997 and punishment is provided for 7 years. In support of his arguments he relied on PLD 1995 SC 34 (Tariq Bashir v. The State), 2008 PCr.LJ 1329 (Abdul Majeed v. The State) where High Court has granted bail in a case where 79 heroin filled capsules were recovered from the body cavity of the accused. He also relied on the order in unreported case viz; Criminal Bail Application No,870 of 2008 (Ghafoor Ahmed v. The State) where the undersigned has granted bail on recovery of 63 heroin filled capsules containing 600 grams of heroin from the body of applicant/accused, on such grounds learned counsel for applicant has urged for the bail.
3. Learned Special Prosecutor ANF has vehemently opposed the bail on the ground that if such offenders are treated leniently for committing heinous offence against the society while travelling abroad it would have brought bad name for the country, hence this bail application be rejected.
4. Heard arguments of learned counsel for applicant, learned Special prosecutor ANF and perused the case law cited.
' In such a situation, the facts and circumstances of each offence are particular in each incident and findings in one case cannot be taken to apply in all its aspects to the other case. In my humble opinion the citations relied upon would not apply in this matter. Section 7(b) of the CNS Act, 1997 is non-bailable and in each and every case bail cannot be granted, unless the fact and circumstances so permit. Recovery has been shown and chemical examination is positive.
Accordingly, the bail application is rejected. Learned trial Court to preferably conclude the trial within three months.