' This is an application for bail made on behalf of applicant All Raza, who is facing trial for the offence under clause (8) of section 156(1) of the Customs Act 1969. Bail application made on his behalf was rejected earlier by the learned Special Judge (Customs and Taxation) Karachi, vide order dated 11-12-1988.
2. On 6-8-1988 at about 11-50 p.m. Applicant Ali Raza, while boarding K.L.M. Flight No, 802 parked at Bay No,8, was apprehended by the members of staff of Airport Security Force. The hand bag which the applicant was carrying, was searched and it contained six kilograms of Heroin powder which was being smuggled to Amsterdam. The preliminary investigation revealed that applicant Ali Raza was taken to aircraft in a van of Airport Security Force and during this period the Heroin powder was passed on to him by absconding accused Talat Mehmood, an employee of Airport Security Force. On 7-8-1988, the Company Commander of Airport Security Force, Karachi handed over applicant Ali Raza to Mr. Haroon Hashmi, Preventive Officer, Customs along with the Heroin powder.
A formal report was then registered at 6-45 a.m. The travelling documents of the applicant were then seized and he was served with a notice under section 171 of the Customs Act, 1969. During the course of investigation, the sample of Heroin powder were sent to Chemical Examiner for examination and report. The investigation further revealed that besides absconding accused Talat Mehmood, Muhammad Ilyas and Muhammad Irfan were also involved in this crime and accordingly they were also sent up in absentia.
3. I have heard Mr. Rana M. Shamim, learned counsel for applicant and Mr. Syed Ashiq Ali Zaidi, learned counsel representing the State.
4. There is prima facie evidence on record connecting the applicant with this crime. The offence with which the applicant is charged is punishable with imprisonment which may extend to 10 years.
The learned counsel representing the State has contended that the Dutch Government is in contact to find out if the present applicant is a member of International Drug Mafia. He has, therefore, very vehemently opposed the bail application in this case in which two members of the Airport Security Force are also involved.
5. Mr. Rana M. Shamim, learned counsel for applicant, has contended that the arrest of the applicant being illegal, the whole proceedings against him are void ab initio. According to him, the members of Airport Security Force are not authorised to make arrest in a case of this nature. The record as it stands shows that the arrest was made by M. Haroon Hashmi, Preventive Officer, Customs, who was on duty at that time and the applicant was simply produced before him by the Company Commander The Airport Security Force Act, 1975, further empowers the Officer as a member of Force to take effective measures for preventing smuggling of narcotics, the bringing into, or taking out of Pakistan of which is prohibited by law for the time being in force. Subsection
(2) of section 6 further provides that an officer, for the purposes of this Act, shall exercise within the areas in which this Act applies, all the powers conferred on an Officer In charge of a police station under the Police Act, 1861 and the Code of Criminal Procedure, 1898.
6. Mr. Rana M. Shamim, learned counsel for applicant, has also invited my attention to the case of Abdul Quddus v. The State, reported in 1987 P Cr. L J 1140 in an attempt to show that the case of the present applicant was that of a further enquiry. The facts of the reported case are distinguishable.
It is a case of recovery of six Kilograms of Heroin powder, which in the international market is worth millions of Rupees. The case has not proceeded as yet and it is premature to evaluate even for the limited purpose of bail that the case against the applicant is doubtful in nature.
7. No case for bail is made out and the application is accordingly dismissed.