1. ' ALI MUHAMMAD BALOCH, J.--- Applicant Waqeel Ahmed Siddiqui, who was challaned to face trial for an offence punishable under section 9 of Control of Narcotic Substances Act, 1997 was refused the concession of bail by the trial Court. Hence he has approached this Court for the same relief.
2. ' The case against the applicant can be summarised as under:-- ' The applicant alongwith the co-accused Fahim Ahmed Siddiqui and the absconding accused had exported a consignment comprising 183 packs under the garb of Messrs Marvelous International Traders, Karachi to Messrs Choudhry & Brothers, Fresh Fruit and Vegetable Dealers in Middle Sex London.
3. ' On 15-4-1998 Manzoor Ali Rana, Inspector, A.N.F. During the customs examination of the consignment at Karachi seized one of the packs and on examination of the same found that it contained 10 slabs of Hashish, weighing 10 Kgs. The remaining ,packs were allowed to be exported to London under the arrangement of a "Controlled delivery". When the remaining packs. Reached London they were also found to be containing 530 Kgs. Of Hashish. The investigation and enquiries revealed that accused Fahim Ahmed alias Zaheer Muhammad, who was related to the present applicant, Waqeel Ahmed Siddiqui and a co-accused Muhammad Hanif Khan, who was an Assistant Supervisor, (Cargo) of P.I.A., alongwith others namely, Syed, Masood alias Bila, also employees of P.I.A. Were members of a Drug Syndicate, and they had exported the packs in question containing illicit Hashish under the guise of fruit and vegetable.
4. ' The recovery of 10 Kgs, of Hashish from one of the packs which was opened on 15-4-1998 was witnessed by Inspector, Mahmood Beg, H.C. Muhammad Aslam and Muhammad Shoaib and such Mashirnama was prepared.
5. ' Her Magesty's Customs, London, after seizure of 530 Kgs. Of Hashish had written to Anti-Narcotics Force at Karachi for initiating legal action against the culprits at Karachi.
6. ' The applicant as well as Fahim Ahmed were arrested and ultimately an F.I.R. Was registered on 17- 4-1998 and against them challan was produced for an offence under sections 6, 7, 8, 9, 12, 14 and 15 of Control of Narcotic Substances Act, 1997 read with sections 120-B and 34, P.P.C.
7. We have heard the arguments of the learned counsel for the applicant as well as the learned Special Prosecutor who informed the Court that the applicant is a previous convict as he was convicted to undergo imprisonment for four years by a Court in France, for drug-trafficking in the year 1986.
8. ' The offence appears to be punishable with death. The points raised by the learned counsel for the applicant required deep scrutiny and appraisal of the entire evidence in the case in which at this stage we are unable to do. Prima facie the allegations of the prosecution are that the applicant is connected with the company who had exported the consignment in question which contained Hashish and that section 51 of Control of Narcotic Substances Act, 1997 created a bar in granting bails to such accused as the present applicant. It is contended by the Special Prosecutor that the applicant is the main figure who is running the business of export of narcotic in clandestine manner. In the present case in guise of fresh fruit and vegetables, the applicant had exported Hashish and recovery of Hashish at Karachi as well as at London has established a prima facie case from the said consignment, and that the applicant was involved in the same. The consignment was allowed to proceed to London as a "Controlled Delivery" under the rules and during the investigation at the time of the arrest of the applicant the police had recovered shipping bill in respect of the same consignment from the possession of the applicant and also a photo copy of the invoice in the name of Messrs Marvellous International Traders. When the office of the said exporters was inspected by the police in presence of a Magistrate and on pointation of a co- accused, it was found that there were clues of similarlity of packing material, available in the office.
9. ' Prima facie, therefore, the case is made out against the applicant and the offence is punishable with death and the case is also hit by section 51(1), Control of Narcotic Substances Act, 1997.
10. Therefore, we do not find it fit to release the applicant on bail. The application is rejected.