1. ' MUHAMMAD ASHRAF LEGHARI, J.--- The applicant Haji Saleem Memon is apprehended in F.I.R. No,79 of 1997 of Police Station A.N.F., Karachi under section 7/8/9/12/14, Control of Narcotic Substances Act, 1997. The case is pending in the Court of Special Judge, Karachi West.
2. ' Complainant Qadir Iftikhar Khan, Inspector, Main Office, Karachi narrated in F.I.R. That information was conveyed to them by a letter, dated 21-7-1997 despatched by Royal Canadian Mounted Police Liaison Officer, Canadian High Commission, Islamabad to the effect that a container bearing No,SENU-200401-9 was booked from Karachi, Pakistan to Montreal, Canada through ship Emerald V-SR-718 on 31-5-1997 or 1-6-1997 vide Bill of Lading No,NON-L-084 and the aforesaid container during transit at London was found containing contraband stuff. On search by RCMP Liaison Officer, and H.M. Customs and Excise, London, they recovered 40 boxes containing 50 Kgs. Of Hashish, each. Hashish was seized in London and the remaining consignment was allowed for shipment to Montreal on the M.V. More, Canada on 6-7- 1997. On 18-7-1997, five accused were arrested at Canada. During investigation Canadian Montreal Police informed that consignment was arranged and shipped from Karachi to Canada by Haji Saleem Memon, Resident of 353, Aysha Home, Garden East, Karachi.
3. ' It is contended by learned counsel for applicant that his name was taken by co-accused who was arrested in Canada. He is not exporter nor was anything recovered from his possession. It is further contended that he has been arrested on suspicion and that the judicial confession was extorted by coercive means and the confession was recorded after long delay. It is argued that it is a case of no evidence against the applicant. The challan is submitted and accused is no more required for the purpose of investigation. Learned counsel has placed reliance to the cases of Gul Zaman v. The State 1999 SCM R 1271, Mistri Allah Din v. Fazal Muhammad and another PLD 1991 SC 52 and State v.
4. Ishaque 1980 PCr.LJ 597.
5. Mr. Shoaib Ashraf learned Special Prosecutor of A.N.F. Has strongly opposed the bail application on the ground that accused has made a judicial confession and he is fully involved in the case. In support of his submission he cited NLR 1995 Cr.LJ 585.
6. ' Perusal of the record shows that some persons including Mr. Joel Seller were arrested at Canada and they had introduced the name of present accused having despatched the consignment.
7. During investigation it transpired that an accused Joel seller and Chun Hung Carry Chow had visited Pakistan, and stayed in Hotel Sheraton, Karachi. N.L.C. Trailer of Colonel lqbal Naqvi was brought by a driver Arshadullah to Turner near Bahawalpur which contained 30/40 bath robes. The said bath robes were unloaded and instead of the said bath robes some cartons were loaded in N.L.C. Trailer.
8. ' The record further reveals that Haji Saleem Memon was arrested and he made judicial confession before Judicial Magistrate Section 30, Lahore on 2-10-1997 wherein he has confessed the guilt and has further stated that he had started this business of narcotic trafficking since the year 1984. After his arrest police recovered the aforesaid bath robes packets on his pointation on 1-10-1997 from the hotel at K.H.P. Road, Tarandah Muhammad Panah, which was on rent with him vide agreement, dated 1-3-1997. These bath robes were the same which were removed from N.L.C. Trailer and in place of which contraband cannabis was loaded.
9. ' The next piece of evidence against the accused is that Syed Faiz 'Mustafa Bukhari who is accused in the case, has become approver. His 164, Cr.P.C. Statement was recorded on 26-3-1998 before S.D.M., Model Town, Lahore. The accused has stated that he alongwith Choudhry Iqbal came to Tarandho Muhammad Panah Road at some hotel where some persons including Haji Saleem Memon were present and N.L.C. Trailer was brought by army personnel. 40 bath robes were taken out of the trailer and in place of which 40 cartons of cannabis were placed. This consignment belonged to Haji Saleem Memon and his companions and was booked in the name of Bath Robes Trader, MZ, who is brother-in-law of Colonel Iqbal Naqvi. The police record further discloses that there are certain movies which display the presence of present accused with accused Joel Seller and others.
10. ' The huge quantity of 2000 Kgs. Hashish is recovered from container loaded under Bill of Lading No,NON-L-084 at Ship Emerald V-SIR-78. The police file shows that persons who were arrested in Canada have been convicted, having pleaded their guilt.
11. The offence under section 9(c) is punishable with death. The pieces of evidence pointed above prima facie show the involvement of applicant in commission of offence. The case-law cited by the learned defence counsel is not attracted to the facts and circumstances of the instant case.
12. ' Under the fact and circumstances we are of the view that there are reasonable grounds for believing that accused is prima facie guilty of the offence with which he is charged and it is not a fit case for grant of bail under the peculiar circumstances of the case. The reference can be made to unreported case of Honourable Supreme Court The State v. Mubin Khan, Criminal Petition No,53/K of 1998. Resultantly the bail is declined.