' SYED ZAWWAR HUSSAIN JAFFERY, J.---The petitioner-State seeks leave to appeal against the order dated 17-4-2008, passed by learned High Court of Sindh, Karachi, whereby bail was granted to the respondent-Zamray Khan in the sum of Rs, 100,000 with PR bond in the like amount to the satisfaction of learned trial Court.
2. Short facts of the case are that on 28-10-2007 a spy information was received that an International Drug Smuggler of heroin namely Haji Miandad son of Anwar Khan and Haji Mursaleen son of Haji Abdul Razzak Afridi are smuggling heroin through their workers/agents namely Zamray Khan and Baz Muhammad, resident of Quetta through TNT CCS or TCS couriers by hiding in carpets to be sent from Karachi to UK, London. In this regard, officials of Anti Narcotics Force contacted the concerned courier office. On 29-10-2007, Inspector S. Muhammad Mustafa was present on duty that Muhammad Umair, Manager TNT Karachi informed him that nine carpets have been booked.
The said Inspector with other staff went there and examined the same. The address of the sender was Baaz Muhammad, resident of Pushtoonabad, Kair Colony, Quetta. In presence of official witnesses of Anti Narcotics Force heroin concealed in the carpets was recovered and every carpet was carrying 600 grams totaling five kilograms. After lodging F.I.R., the investigation was finalized and the charge sheet was filed before the Court having jurisdiction. Respondent filed bail application before the Special Court-I, CNS, Karachi for grant of bail which was declined vide order dated 8-3-2008. However, concession of bail was extended to the respondent-Zamray Khan by the learned High Court of Sindh, Karachi vide order dated 17-4-2008. As such, present petition has been filed for cancellation of bail.
3. Learned counsel for the petitioner has submitted that the respondent has been arrested in possession of narcotics; that the learned High Court has not taken into consideration section 51 of the Control of Narcotic Substances Act, 1997 in its true perspectives; that the respondent was not entitled to the grant of bail as the offence with which he was charged is punishable with death.
Hence, to the respondent may be cancelled.
4. We have heard Mr. Niaz Ahmed Rathore, learned Prosecutor-General, Anti Narcotics Force at considerable length and gone through the entire material available on record.
5. The concession of bail extended to the respondent-Zamray Khan by learned High Court vide order dated 17-4-2008 is not tenable in the eyes of law as huge quantity of narcotics was recovered from the possession of the respondent. The report of the Chemical Examiner was also received in positive which has proved the guilt of the respondent. The respondent is not entitled for concession of bail as there is no delay on the part of the prosecution and the reasonable grounds exist that the respondent has committed a non-bailable offence. We find no material that the respondent was entitled for concession of bail. This Court had issued notice and bailable warrants against the respondent but no appearance has been made to face the present proceedings which reflects that the respondent is avoiding the process of law. Relevant para of our short order dated 19-6-2009 is reproduced herein below for facility of reference:-- "Report in the light of the order passed by this Court on 9-6-2009, transmitted to the learned trial Court/Special Court No,1 (C.N.S.), Karachi has not been sent to this Court. Issue letter to the learned Special Court to convey to this Court about the proceedings taken against the surety under section 514, Cr.P.C. And the result, if any, taken in this regard. Since the respondent has successfully avoided the process of law and also not appearing before the learned trial Court, hence there are reasons to believe that he will not appear in the matter, therefore, this Criminal. Petition cannot be kept pending indefinitely."
6. For the foregoing reasons, this petition is converted into appeal and allowed, the impugned order dated 17-4-2008, passed by High Court of Sindh, Karachi is set aside, as a result whereof to the respondent-Zamray Khan is cancelled. He is directed through surety to surrender immediately failing which surety will face the consequences as required under section 514, Cr.P.C. By the learned trial .Court in accordance with law. These are the reasons of our short order dated 19-6-2009.
Bail cancelled.