' This is an application for bail made on behalf of applicant Anwar Khattak, who is detained in a case under clause (8) of subsection (1) of section 156 of the Customs Act, 1969. The bail application made on his behalf was rejected earlier by learned Special Judge (Customs and Taxation) Karachi, vide order, dated 4th May, 1989.
2. The brief facts of the case are that 6.5 tons of contraband Charas was seized at Antwerp, Belgium from two containers, which were shipped through Marine Services on behalf of EHQ. The preliminary inquiry revealed that certain defence personnel of EHQ were involved in this smuggling of narcotics from Pakistan and, therefore, the investigation was carried out by SIB GHQ. During the course of investigation 164, Cr.P.C. Statements of Major Syed Javed Akbcr Shah, Captain Syed Muhammad Rizwan, Syed Wasat-ul-Hasan Taqvi, Assistant Works Manager POF, and Major A.N.
Abbasi were got recorded through different Magistrates. A belated F.I.R. Was registered by the Customs. The letter of Headquarters Martial Law Administrator Sector I, Karachi, dated 29th December, 1985, further shows that following accused persons involved in this case were tried by the Summary Military Court and awarded sentence mentioned against each:-
(i) Hassan Sherazy son of Khalil Sherazy
(ii) Manzoor Ellahi son of Late Haji Noor Illahi
(iii) Syed Wasat-ul-Hassan Taqvi son of Sasi-ul-Hassan Taqvi.
' To suffer rigorous imprisonment for one year and fine of Rs,50,000 each.
' The following absconding accused were also tried in absentia by Summary Military Court and awarded sentence as mentioned against each:--
(i) Anwar Khattak
(ii) Gul Khan Khattak (Gulat Khan) son of Juma Khan
(iii) Lala Ayub Khan
(iv) Sadat Ali Shah alias Badshah Khan
(v) Haji Iqbal Shah
(vi) Farooq
(vii) Aslam Khan
(viii) Haji Mithoo
(ix) Rehman alias Butt
(x) Shafqat Raja son of Allah Bakhsh
(xi) Issac Mall son of V.R. Mall ' To suffer rigorous imprisonment for one year, lashes fifteen (to commence on arrest) and fine of Rs,50,00,000 (Rupees fifty lacs only) each.
' The case file was also returned for submission of charge-sheet before the competent Court.
3. On 5-9-1988, the charge-sheet against the above absconders was submitted before Special Judge (Customs and Taxation) Karachi. On 29-4-1989, applicant Anwar Khattak, said to be 'king of narcotics' was arrested.
4. I have heard Mr. S.M. Zafar, learned counsel for applicant and Mr. Abdul Sattar, learned counsel for the State. The latter has opposed the bail application.
5. It is clear from the record that applicant Anwar Khatak was a fugitive from justice. He was also convicted for non-appearance before Martial Law Authorities, and even if it is taken for granted that the conviction awarded to him ceases to hold field, in view of general pardon granted by the present Government, it will not disturb the finding that he was a fugitive. As an absconder the applicant is not entitled to any indulgence. The cases reported as Ibrahim v. Hayat Gul and others 1985 SCMR 382 and Sadiq v. Sadiq and others PLD 1985 SC 182, are relevant in this behalf. In the latter citation the Supreme Court examined the effect of ascendance of the accused in relation to his right to obtain bail, and observed as follows: "The effect of ascendance, as explained by this Court in its two recent judgments is that the person becoming a fugitive from law loses some of the normal rights granted to accused persons by the procedural as also substantive law and disentitles himself to the concession of bail notwithstanding the merits of his case, unless he can satisfactorily explain the period of his abscondence."
6. The application for bail is thus liable to be dismissed on this score alone.
7. On merits also the applicant has got no case. During the course of investigation 164, Cr.P.C.
Statements of four defence personnel were recorded by 1st Class Magistrates, in which they have fully implicated the present applicant who is the main accused of this case. The Magistrates have been cited as witnesses in the charge-sheet and others can be added during the pendency of the trial. Trafficking in narcotics is a crime against humanity and should not be encouraged by, liberal exercise of bail.
8. No case for bail is made out and the application is accordingly dismissed.