Having been involved in case registered vide F.I.R. No.23, dated 9-5-2000 under sections 6, 7, 8 and 9 of C.N.S.A., at Police Station ANF Peshawar, the accused-petitioners moved the Court of learned Special Judge/Sessions Judge, Peshawar for their release on bail but their application was dismissed vide order, dated 8-7-2000. Now they have moved this Court for their release on bail.
2. The Regional Director ANF. Peshawar on receipt of information that some persons would hand over narcotic to another party in Hotel Pearl Continental Peshawar, deputed ANF. Staff which held a Nakabandi at Pearl Continental Hotel Peshawar. Motor Car No.183-164 Karachi came to the Hotel and stopped there. Two persons having shopping bags de-boarded from the said Car and started proceeding towards the Hotel. They were apprehended by the ANF Staff. The examination of shopping bags revealed that the same contained one packet each of heroin. Zafar Iqbal one of the accused told the ANF Staff that two K.Gs. Heroin was lying beneath the rear seat of the Car in which Shakeel Khan driver and their third companion Jamil Khan were sitting. On search of the Car, two packets of heroin were recovered from beneath the rear seat of the said Car. Jamil Khan and Shakeel Khan were arrested. On weighing, the total recovered heroin was found to be four K.Gs., out of which one gram from each packet was sent to FSL for analysis.
3. Mr. Abdul Latif Afridi, the learned counsel representing the petitioners argued that the petitioners are innocent and there is no evidence against them. As per case of prosecution the ANF Authorities had prior information but none from the public was associated at the time of alleged recovery.
4. He further argued that co-accused namely Shakeel and Jamil Khan have been already released on bail by this Court vide order, dated 24-7-2000. The accused-petitioners are also entitled to be released on bail on the rule of consistency,
5. It was also argued that only one K.G. Heroin was recovered from each petitioner and at the most their case would fall under section 9(b) of CNSA, which is punishable for 7 years only.
6. On the other hand Mr. Muhammad Tariq Kakar, the learned counsel representing ANF argued that the accused-petitioners were arrested when each one of them was carrying heroin powder in a shopping bag in his hand. 2 K.Gs. Were recovered from beneath the rear seat of the Car at the pointation of Zafar Iqbal accused. So, in all 4 K.Gs. Heroin was recovered from them. The case of the accused-petitioners, therefore, falls under section 9 of CNSA.
7. Replying the arguments of the learned counsel for the petitioners that no person from public was associated at the time of recovery, the learned counsel argued that the, officials of ANF were as good witnesses as anybody else and it as known to everybody that people from public do not come forward to depose against the people who are involved in smuggling of narocities.
8. It was also argued that the case of the co-accused Shakil and Jamil Khan, was distinguishable than that of accused-petitioners. The said co---accused (Shakil and Jamil Khan) have been declared innocent by the Investigating Officer and recommendations were made that they be released under section 169, Cr.P.C. Since there was no material available against them, therefore, their bail was not opposed by him. In the case of petitioners, recovery was directly effected from them and there exists a strong case to connect them with the commission of offence, therefore, they there are not entitled to the grant of bail.
9. I have heard the learned counsel for the parties and perused the record.
10. The material available on record shows that the accused-petitioners were arrested while each one of them was carrying 1 K.G. Heroin in a shopping bag in his hand and 2 K. Gs. Were recovered from beneath the 'rear seat of the Car in which co-accused Shakil and Jamil Khan were sitting at the instance of accused Zafar Iqbal, so in all 4 K.Gs., of contraband heroin wasp recovered. The recovery was duly witnessed by the officials of ANF, who have supported the same in their statements under section 161, Cr.P.C. The recovered contrabands were sent for analysis to FSL. The report of which is in positive.
11. So far as the case of co-accused Shakil and Jamil Khan is concerned, their case is distinguishable than that of accused-petitioners. The said co-accused were found innocent during the investigation and the Investigating Officer had even recommended for their release under section 169, Cr.P.C. And that was the reason that the learned counsel representing ANF, did not oppose the grant of bail to said co-accused. In the case of accused, recovery of contraband heroin was made from their direct possession as well as on the pointation of Zafar Iqbal from beneath the rear seat of the Car, therefore, there exists a strong case against them. There appears reasonable grounds for believing that they have been guilty of offence punishable with death or imprisonment for life.
12. Keeping in view the huge quantity of contraband heroin recovered from the accused-petitioners and existence of a strong case against them, I am not inclined to grant them bail. Their bail application is, therefore, dismissed.
It was stated at the bar by the learned counsel representing ANF, that Challan of the case is complete and shall be submitted very soon in the competent Court. I direct the ANF Authorities to submit the Challan of the case within 15 days and the learned Special Judge/Special Court is directed to conclude the trial within a period of 4 months, failing which the accused petitioners shall be at liberty to move application before the learned Special Judge for their release on bail. Mr Muhammad Tariq Kakar, Advocate shall intimate the concerned authorities the order of this Court for strict compliance.