1. ' Applicant Ibrahim Abdul Rehman Muhammad, is being tried for the offences punishable under Section 156(1)(8) of Customs Act, 1969. The case of prosecution is that on 23rd January, 1986 complainant ' Niaz Haider, Preventive Officer, Custom House, Karachi was on duty at International Departure Hall, Terminal-III, Karachi Airport, when staff of Airport Security force brought applicant, a Qatar National alongwith 100 grams of heroin powder. The mashirnama was prepared in presence of two mashirs namely Muhammad Waris and Naeem Rashid and applicant was arrested. 3 samples were also drawn and such memo was signed by the above-said mashirs.
2. ' Mr. Farooq Rashid appearing for the applicant contended that it is not mentioned in the mashirnarna as to how and from where the recovery was made and that both mashirs are from airport security force. He submitted that in such circumstances this Court has granted bail to accused Abdul Quddus in Spl. Cr_ Bail Application No,8/86 on 13-2-86. He has also referred to a case reported in 1985 SCM R 192.
3. ' Mr. Abdul Rashid Nizamani appearing for the State has opposed the bail and submitted that all particulars of arrest and seizure are given in the mashirnama. It is also contended that samph s were drawn at the time of arrest.
4. Applicant was bound for Qatar by Gulf Airline flight GF-383 and during his search passport and air ticket were also secured. It is also mentioned in the F.I.R. That applicant was served with notice under section 171 of the Customs Act, 1969 and samples were also drawn at that time. The mashirnama of the property was prepared at terminal No,3 and this fact was also mentioned in, the memo therefore the facts of the Spl. Cr. Bail Application No,8/86 are different. Applicant was caught on the spot with heroin. The evidence, has yet to be recorded.. I am of the view that the case for bail has not been made out. The application is dismissed.