QAISER AHMED HAMIDI, J, - This is an application for bail made on behalf of applicant Fazal Akbar, who is detained in Crime No. 97 of 1990, S.I.T.E., P.S. Under Article 3/4 of THE PROHIBITION (ENFORCEMENT OF HADD) ORDER, 1979. The bail application made on his behalf was rejected earlier by learned Sessions Judge (West) Karachi, vide order dated 13.3.1991.
2. On 2.3.1990, a police party of C.I.A, headed by Malik Muhammad Ahsan, Sub-Inspector apprehended Muhammad Yousuf, Hashim and Khan Gul and recovered I6 kgs. Of powder of heroin from their possession. In the meanwhile the present applicant who was an associate of the above persons got an opportunity and he slipped away. He was, however, followed and was apprehended near Malong hotel, Manghopir road, Karchi, at 2 P.M. The search of the applicant was taken in presence of mashirs Ghulam Hyder and Abdul Wahab H.C., and the police recovered two bags containing powder of heroin weighing two kgs. From his possession. A case was registered against the applicant and after usual investigation he was sent up to stand trial. The case proceeded before Sessions Judge (West) Karachi, where Fullam Hyder and Noor. Khan P.C. Were examined.
The applicant applied for bail before the learned Sessions Judge, but without success.
3. I have heard Mr. Turab Ahmed, learned counsel for applicant and Mr. Shoukat H. Zubedi. Learned A.A.G, lor Stale. The latter has opposed the bail application.
4. The learned counsel for the applicant has assailed the evidence of both the witnesses examined by the prosecution upto this time and has endeavoured to slum that their evidence when examined carefully makes out a case of further inquiry within the mcaniims of sub-section (2) of section 497 Cr.P.C. He has, however, lost sight of the fact that at this stage it is only a prima facie opinion this is required and the Court should not go into the details. The extent to which a witness is to be believed can only be determined by a trial Court after the case proceeds before it and all the material witnesses are examined. I have examined the evidence adduced by the prosecution but I do not wish to say as to the truthfulness or otherwise of the witnesses examined so far as it might prejudice the applicant at the trial. All I need to say is that in the circumstances narrated there appear to be reasonable grounds for believing that he has been guilty of such an offence, though of course, this docs not mean that he is guilty. That question has still to be tried.
5. The applicant was allegedly found in possession of 2 kgs. Of powder of heroin which has been certified by the of Chemical Examiner, Karachi to be of commercial grade. The main witnesses are yet to be examined. There is absolutely no merits in the perscent bail application, which is accordingly dismissed.