1. DEEDAR HUSSAIN SHAH, J. - Applicant/accused Muhammad Zaman Sundhu was arrested on 17.12.1995 under FIR. No. DEC-087/95-JTC. The brief facts of the case are that on 17:12.1995 when Irfan Ahmed, the complainant while performing his duties at the International Departure Hall, Jinnah Terminal Complex, Quaid-e-Azam International Airport, Karachi on suspicion intercepted passenger Khalid Nadeem holding Pakistani Passport No. B-055317 who was leaving for Frankfurt via Bahrain by Gulf Air's Flight No. GF-4007. He was asked to declare whether he was carrying any contraband goods, especially narcotics in his baggage or on his person to which he denied. Being dissatisfied with the passenger's declaration his baggage comprising a red and a purple colour suitcase, both eminent brand were subjected to examination in presence of two witnesses namely Abrar Ahmed and Muhammad Khalid. The suitcases upon examination were apparently found to contain personal belongings of the applicant/accused, however when suitcases were emptied they were felt somewhat heavier in weight, as such the same were ripped open. This resulted the recovery of 1 Kg (gross) brown heroin powder packed in 08 numbers of polythene packets concealed in the false top and bottom of the purple colour suitcase whereas 02 kg (gross) brown heroin powder packed in 08 numbers of polythene packets were found concealed in identical manner in the red colour suitcase. Sample of heroin powder after recovery was instantly tested with the help of "Narcotics Test Kit" and the result was positive one. The entire quantity of heroin powder i.e.03 kgs (gross) was seized alongwith the containers and passengers travelling documents under mushirnama. Three representative samples of the seized heroin were also drawn which were sealed under the signatures of the witnesses, thereafter the accused passenger Khalid Nadeem son of Muhammad Ibrahim was arrested and served with a notice u/S. 171 of the Customs Act, 1969.
2. During investigation it transpired that Khalid Nadeem is ex-police personnel and he had remained in close liaison with one Muhammad Zaman Sandhu who happened to be a brother of police official Muhammad Azam Sandhu. Both accused Khalid Nadeem and Muhammad Zaman Sandhu established a firm under the name and style of M/s. Hamid Brothers who apparently used to export vegetables and food grains. Later on this association culminated into a drug syndicate and they conspired to smuggle heroin to one Rana Irfan Mali mood based in Germany. . According to the investigation the suitcases containing heroin powder were supplied to Khalid Nadeem and Muhammad Zaman Sandhu (applicant) at Lahore by Haji Said Anwar of Peshawar who is shown as one of the co-accused in the interim charge-sheet. According to the investigation as per pre- meditated plan the suitcases stuffed with the heroin powder remained at the premises viz 640, Karim Block. Allama Iqbal, Town, Lahore, occupied by accused Khalid Nadeem and accused Muhammad Zaman Sandhu. Investigation further revealed that accused Muhammad Zaman Sandhu left for Frankfurt where he had to be in touch with Rana Irian in Germany.
3. At the time of seizure of heroin from accused Khalid Nadeem a telephone diary was also found in his possession which on scrutiny was found to contain important telephone numbers. One such number viz 5951-4585 was also lound in diary which was conveyed to the Drug Liaison Officer of Federal Republic ol' Germany based at Karachi who made prompt enquiries into the matter and informed the Customs Drug Enforcement Cell that the subscriber of the said telephone number is one Rana Irfan M ah mood, resident of Sogeler Street 2. 49757 Werlter Germany who was to be the recipient of the impugned heroin in Germany. Investigation so far collected has shown that operation was racket oriented with a net work based at Lahore. Peshawar and Germany. As the result ol the investigation and disclosure so made by Khalid Nadeem applicant accused Muhammad Zaman was arrested by the Investigating Agency who was remanded to judicial custody. Bail application on behalf of accused was moved in the Court of learned Special Judge Customs and Taxation, Karachi who was pleased to. Reject the same vide his order dated 24.1.1996.
4. Hence accused applicant has approached this Court tor bail.
5. I have heard Mr. Sohail Muzaffar, learned counsel for the applicant who has contended that case against the applicant is fabricated and false one and as a consequence of an investigation carried out after arrest of Khalid Nadeem at Karachi Airport, applicant was arrested from Lahore after 15 days. He has also contended that no identification parade of the accused applicant has been held "to determine whether the applicant is the same person named by main accused during interrogation. That no witness named in the challan has slated that applicant was in league with the main accused. Even otherwise if the prosecution Story is taken to be true for the sake of assumption it is submitted that buying ticket and: helping someone to obtain visa is no crime, especially when the applicant was not travelling with/the main accused nor was to leave after the departure or arrival of the main accused Khalid Nadeem. There is no iota of evidence to connect.He applicant to the alleged offence.
6. Mr. Sohail Muzaffar in support of his contentions . Has cited unreported judgments of this Court passed in Spl. Crl. Bail Application No. 65/1993. Muhammad Mushtaq Ahmed Khan v. The Stale and Spl. Crl. Bail Application No. 57 I 1990 in the case of Shoukat son of Moor Muhammad v. The State.
7. I have also heard Mr. Muhammad Roshan Essani D.A.G, for the State who has contended that applicant accused is member of drug syndicate and Investigating Agency has collected sufficient evidence about his involvement in the commission ol the crime. Learned D.A.G, has also contended that Muhammad Zaman Sandhu arranged Ai' line ticket for Khalid Nadeem. Index, diary was secured from Khalid Nadeem which contained name of Haji Saeed Anwar and the name of the present applicant Muhammad Zaman Sandhu. It is also contended that Muhammad Zaman Sandhu and Khalid Nadeem are partners as Managing Director and Marketing Manager respectively of the firm known as Classic Aluminium (Pvt.) Limited. 192- A l Ferozepur Road. Lahore.
8. Pakistan. That applicant applied for sponsorship visa lor Germany. That final challan in the case has not been submitted by the prosecution. Mr. M. Roshan Essani, D.AG. Has also filed application Form for obtaining sponsorship visa for Germany of Kahlid Nadeem accused and Muhammad Zairian Sandhu present applicant accused in which address is shown as 640 Karim Block Iqbal Town Lahore. This is the same which has transpired in the investigation that in this house the suitcases containing heroin powder were kept by Khalid Nadeem and Muhammad Zaman. Mr. Essani lias also filed photostat copy of a letter written by Consulate General of the Federal Republic of Germany Karachi. The Drug and Organised Crime Liaison Officer to Hafiz Muhammad Alt Khosa.
9. Investigating Officer. I & P Branch Customs House Karachi: The subject-matter of which is Drug Trafficking, Investigation against Khalid Nadeem and Muhammad Zaman Sandhu. The letter contains the translation of the invitation letter from Walter H. Collin Gmbh. which reads as follows: "Entry Visa Dear Sirs, Please issue an entry visa for Mr. Muhammad Zaman Sandhu (Managing Director),. Passport No ABB913069 and Mr. Khalid Nadeem (Marketing Manager), Passport No. B055317 of M/s Classic Aluminium Pvt. Ltd.
10. Company Adress Classic Aluminium Pvt Ltd 192-A Ferozepur-Road Lahore Pakistan Tel: (42) 7575484 Fax: (42) 7227849 Both gentlemen would like to visit us in order to see a demnstration of an aluminium extrusion press and to be able to clarify commercial and technical queries here"
11. The authorities referred by Mr. Sohail Muzaffar the learned counsel for applicant are quite different and distinguishable from the facts of this case. The facts in Spl.Crl. Bail Applilcation No. 63/1993 are that one John Chibuzo Opara. a Nigerian National was intercepted at International Deprature Hall Jinnah Terminal Complex. Q.I.P., Karachi while leaving for Kano Via Cairo by Egypt Air Flight No .Ms- 871 was found carrying 11 green colour bags and Custom Authorities securred 123 Kgs brown colour heroin powder concealed in the cavities of 74 relex paper rolls. The allegation against Mushtaq Ahmed Khan was the while taken on rent through Mushtaq Ahmed Khan applicant in Spl.Crl.Bail No 65/1993 and some payment of rent for the said house was made on his behalf by Mushtaq Ahmed Khan. Admittedly according to the prosecution case Mushtaq Ahmed Khan was an Estate Agent at Islamabad and and it was part of his business to provide rented premises to his customers, irrespective of the fact whether such custmers are criminals or otherwise. Whereas in this case of Muhammad Zaman Sandhu the Prosecution Allegation is the he is a member of drig syndicate and the prodecution has collected prima facie evidence in the shape of application forms, index diaries and letters of the Consulate Ceneral of the Fedral Republic of Garmany showing therein that Muhammad Amamn Sandhu is Managing Director of Classic Aluminiuni Pvt. Ltd. Therefore this unreported case is not helpful to the case of Muhammad Zaman Sandhu. The facts of the case bearing Spl. Crl.Bail No. 57 of 1990 are that applicant Shaukat and one Allah Dino were intercepted at the Airport and from the possession of Allah Dino 1400 grams of heroin powder were secured.
12. Allah Dino was arrested and proceeded in accordance with Customs Act. The allegation against accused Shaukat was that he was also present at the counter when the baggage of Allah Dino was searched. The facts of this case are not applicable to the facts of the present ease inasmuch as Shaukat was released on bail by the learned Judge on the only allegation that he was merely present on the counter when main accused Allah Dino was apprehended, searched and 1400 grams heroin powder were recovered from him. As referred hereinabove the allegation of prosecution is that accused applicant Muhammad Zaman Sandhu was in close league with Khalid Nadeem and Haji Saeed Anwar, and prima facie established, a drug syndicate and all of them in league with each other conspired to smuggle heroin to Rana Irfan Ahmad.
13. The contention of Mr. Sohail Muzaffar that identification of the present applicant is not held, is not tenable. This is not the crime in which the culprit is to he identified by the victim whereas he has been implicated by co-accused Khalid Nadeem, therefore holding of identification parade of the accused applicant is not necessary. The contention of Mr. Sohail Muzaffar that witnesses named in the challan have not stated any fact that applicant was in league with the main accused is also not convenicncing because the trial has not yet started and the witnesses are not examined by the Court so it is pre-mature to say that none has implicated him in their evidence. The contention of Mr. Sohail Muzaffar is that buying a ticket and helping someone in obtaining visa, is not a crime, is also hardly to be considered because the applicant accused has not helped anyone purely on humanitarian grounds for buying ticket or helping someone in getting visa but on the contrary the prosecution has collected evidence to show that applicant with ulterior motive and in pursuance to the illegal trade of smuggling of heroin out of Pakistan has established Classic Aluminium Pvt. Ltd.
14. As a Managing Director with Khalid Nadeem as Marketing Manager and have purchased ticket and have also filed application forms for obtaining the visa. During the investigation the Investigating Agency has come across the connections of the accused applicant with one Rana Irian, who is based in Germany and with Haji Saeed Anwar at Peshawar. All of these persons have been shown as accused in the interim charge-sheet submitted by the prosecution in the trial Court. Prima facie the prosecution has collected sn 11 sufficient evidence documentary as well as ocular to connect the accused with the commission of the crime. The matter is still pending investigation and final charge-sheet has not been submitted by the prosecution because investigation is-naturally to lake some time so that all the chains of the circumstantial evidence are duly corroborated with each other by the prosecution. One of the factors for releasing accused person on bail is whether after release from jail and prosecution evidence will be tampered or not? Keeping in view the documentary and circumstantial evidence collected by the prosecution prima fade it appears that the accused applicant is one of-the members of the syndicate who were active in the commission of this heinous crime and were operating from Karachi, Lahore, Peshawar upto Germany. The accused applicant is challaned by the prosecution for an offence which is punishable upto 14 years' R.I. Do not find any reason for allowing the bail application which was rejected on 18.3.1995 with a short order and these are the reasons for the same.