JUDGMENT MIAN FASIH-UL-MULK, J.---Petitioners, namely, Saqib Khan son of Ishfaq Khan, Tahir Akram son of Muhammad Akram, Siraj Khan son of Saudagar, Gul Raees son of Khanjar Ali, Wajid son of Noor Muhammad and Abdul Karim son of Haji Hayat were booked through F.I.R. No.1 dated 18-8-2010 recorded at Police Station Anti Narcotics Force under section 9(C) C.N.S.A. And section 13 of the Arms Ordinance. The accused were formally arrested on the spot and refused release on bail by the learned Judge Special Court (CNS) N.-W.F.P. Peshawar vide order dated 16-9-2010.
Petitioners have now come to this court for their release on bail through Criminal Miscellaneous Petitions Nos.424, 482, 494, 495 and 496 of 2010 respectively. All these petitions are disposed of by this single order.
2. Briefly stated facts of the case are that there was a spy information to the high-ups of ANF that narcotic smuggler Siraj Khan along with his other companions would attempt to smuggle Acetic Anhydride from Abbottabad to Peshawar and then to Afghanistan through Suzuki Pick-up having number plate of 'Applied for and motor car Cultus No.JB-684 on 18-8-2010. While acting on such information Mushtaq Ahmed S.-I./S.H.O. Police Station ANF Haripur along with raiding party laid nakabandi' near Ayub bridge, Hassanabdal Abbottabad Road, Abbottabad. During nakabandi, the said two vehicles came there one after another. The vehicles were signaled to stop by ANF party but their drivers sped away. The raiding party, however, forcibly stopped the fleeing vehicles. There were three persons sitting in the suzuki pickup and the same number of persons were occupying the motor car Cultus. All the occupants of vehicles were overpowered. Saqib Khan was driving the suzuki pickup, Siraj Khan was sitting on front seat while Tahir Akram was sitting on rear seat of the suzuki. Gul Races Khan was driving the cultus motor car. Wajid was sitting on front seat and Abdul Karim was sitting on rare seat of the said motor car. On search Siraj and Gul Races were found armed with .30 bore pistols. On further search of suzuki pick up 15 plastic canes blue in colour were recovered from its body while two plastic canes of same colour were recovered from Cultus Motor car lying in between the driving seat and the rear seat. On interrogation the persons concerned disclosed that the material lying in the recovered canes was used for preparation of heroin powder. After opening the said canes, chemical was detected in the same, which in total was found as 378 liters. All the said persons occupying two vehicles were arrested and the above said case was registered accordingly. The samples obtained were sent to laboratory with the result that Acetic Anhydride. Was detected in all of them.
3. Learned counsel for petitioners contended that percentage of Acetic Anhydride was not determined in the report which makes the case as that of further inquiry. It was further contended that the chemical so recovered was not used in any narcotics. Learned counsel went on to say that Acetic Anhydride as per Laboratory test is if less than 97 to 100% would not be hazardous and, therefore, not prohibited. On facts, it was argued that petitioners Saqib and Gul Races are mere drivers of vehicles and were not supposed to look into the plastic canes containing chemical and possibly know about its contents. No body was charged for its ownership and, therefore, no one could be saddled with responsibility of its conscious possession. It was further argued that no witness from public was associated and the proceedings were not conducted on spot but at ANF Police Station. Reliance was placed on 2009 YLR 1041 and 2277, PLD 2010 SC 623 and order in Criminal Miscellaneous No.1094 of 2008.
4. Learned State Counsel refuted the contentions of petitioners and contended that petitioners were caught red handed trafficking chemical namely Acetic Anhydride which was certainly a narcotic drug and thus have committed heinous offence of moral turpitude which falls within the prohibitory clause of section 497, Cr.P.C. It was further submitted that all the accused petitioners were in knowledge of Contraband Chemical and section 25 of the Act excludes the application of section 103, Cr.P.C. The vehicles and their occupants were brought to police station keeping in view the prevalent security situation around. It was concluded that challan has been submitted in court and the accused are not entitled to the concession of bail.
5. I have heard learned counsel for the parties and have gone through the record with their able assistance.
6. -Admittedly, petitioners were caught red handed by Mushtaq Ahmed S.-I./S.H.O. Police Station ANF Haripur while trafficking huge quantity of prohibited chemical namely Acetic Anhydride in a suzuki nick-up and cultus motor car, for which they could not offer any plausible explanation/reasonable justification. On analysis of samples sent to Chemical Examiner it was opined, "Acetic Anhydride is detected in all the above bottles Learned counsel for petitioners laid much stress on unreported judgment of this court delivered in Criminal Miscellaneous No.1094 of 2008 on 26-9-2008 wherein although four plastic canes containing chemical acid namely Acetic Anhydride were recovered but samples sent for analysis through F.S.L. Were found free from Acetic Anhydride. Once again the FSL was asked to further analyze the material sent for analysis. This time the Laboratory submitted the following result "Liquid chemical appeared as mixture containing fractions of Chloroform". In view of different reports of FSL, the case was considered as that of further inquiry and accused was released on bail. Facts of above quoted case are altogether different from the one in hand. The record is silent as to why the petitioners in connivance with each other's were trafficking this huge quantity of prohibited Acetic Anhydride from Abbottabad to Peshawar, which prima facie suggests that they were trafficking the same for illegal purposes. A tentative assessm ent of record would show that petitioners are found reasonably connected. With the commission of heinous offence of moral turpitude, which falls within the prohibitory clause of section 497, Cr.P.C.
8. Consequently, these bail petitions being bereft of any merit are hereby dismissed. Since challan has been put in court, therefore, trial court is directed to conclude the trial of case within shortest possible time but not later than two months.
The office is directed to send back the record of case tile to the Court concerned forthwith.