1. By this order, two bail applications filed on behalf of the app scants Muhammad Riaz and Muhammad Javed are being disposed of as they arise out of the same F.I.R.
2. The facts of the case in brief are that Arshad Islam Shaikh, Field Investigating Officer, Pakistan Narcotics Control Board received a spy information that huge quantity of charas was going to be smuggled out of the country through the cargo gate at the Airport, which was being brought by a truck. On such information Arshad Islam, the F.I.O., accompanied by other officers of the Narcotics Control Board, under the directions of their directors Operation, Wahid Hyder and Muhatnmad Riaz Soomro, proceeded in police mobiles and held Nakabandi near the Star Gate leading towards the Airport. At about 4 p.m. The concerned truck arrived from the Drigh Road, Railway Station side followed by a car. The persons sitting in the car signalled the truck to stop on which the truck stopped by the side of the road. The occupant of the car came over and started talking with the man sitting in the truck beside the truck driver. At that moment, the police party raided and arrested the two persons sitting in the truck. The man, who had been talking to one of the persons in the truck tried to run away. He was given a chase and arrested. On enquiry and on search of the truck it transpired that 30 cartons were lying inside the truck, which were meant for export of Jogging suits to Canada. On opening the cartons, it revealed that 15 of the cartons were carrying charas slabs, 435 in number. Each slab of the charas on weighing was found to be one Kg. Thus, in all 435 Kgs. Of charas was being smuggled out to the country. All the cartons were bearing the inscription as under:-- MONTREAL (CANADA) VIA TOLES VETEMENT TORONTO FROM ANS KARACHI PAKISTAN DUROS 9770 MILLEUR.
3. After further investigation the police came to the conclusion that the name of the driver of the truck was Maqsood Ahmad while the person sitting on his side in the truck was the applicant Muhammad Javed. The person, who had come in the car, had signalled the truck to stop, and was speaking with Muhammad Javed, was the applicant Muhammad Riaz. The police also came to the conclusion that when the truck Maqsood Ahmad was passing near Water-Pump, the applicant Muhammad Javed signalled him to stop and told him that he was taking some goods to the Airport but on account of a break down in the truck, in which such goods were loaded, he wanted to hire his truck for taking the same goods to the Airport. On this, Maqsood, on payment of Rs.500 agreed and loaded the carton in his truck, which were caught during the raid by the police. He identified the applicant Javed as well as Muhammad Riaz. The police also came to the conclusion that the two applicants Javed and Muhammad Riaz, who belong to Lahore, were actually acting on behalf of a Notorious charas-smuggler Rehmat Shah, who was transporting this charas to Canada through the applicants concealed inside the jogging suits. Smuggler Rehmat Shah, according to the police, on recovery of charas had absconded. The police is still investigating the case. However, interim charge-sheet has been produced in the Court of A.D.M.. Malir, wherefrom the case was sent up for trial before the Court of Additional Sessions Judge, Malin The applicants moved their bail applications before the trial Judge but the same were rejected and thereafter they have both filed these bail pleas before this Court separately. Learned counsel for the applicants have been heard at length and so also Mr. A.M. Naqvi and Syed Amjad A.I Shah, A.A.-G. On behalf of Narcotics Control Board and the State. Learned counsel for the applicants urged that the driver of the truck being an accomplice has beer mala fidely let off by the police and that the real culprits i.e. Smuggler Rehmat Shah has not been arrested. They further argued that the applicant Muhammad Riaz was merely signalling the truck to stop and was found speaking with the applicant Muhammad Javed and the conversation between them was not overheard by the police. The learned counsel appearing for the applicant Javed stated before the Court that the applicant Javed had simply sought a lift in the truck for going towards the Airport on his way while the counsel for the applicant Muhammad Riaz stated that he had got the truck stopped on account of some traffic problem.
4. They pleaded that at this moment the applicant cannot be saddled with the liability of being abater for the commission of the offence of transportation of the charas. They, however, argued that the offence was at the most punishable with 10 years imprisonment and that the applicants are entitled to the grant of bail. Learned counsel for Pakistan Norcotics Control Board argued that the maximum punishment for the present offence under the provisions of Ordinance XXXI of 1994, which is an amending Ordinance, has been raised to death penalty and that' there are absolutely no grounds for grant of bail to the applicants at this stage as they are involved in a very serious case of smuggling of dangerous drug.
5. After considering the arguments of the learned counsel and also scrutinizing the papers I have come to the conclusion that the police is still investigating this case and the accused Rehmat Shah is still to be apprehended.