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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: ZAHID HUSSAIN VS Respondent: StateHonorable Justice Salmam AnsariZ.U. Mujahid
2010 Y L R 2166
2010 Y L R 2166
[Karachi]
Before Salmam Ansari, J
ZAHID HUSSAIN---Applicant
Versus
THE STATE---Respondent
Bail Application No. 1071 of 2008, decided on 17h October, 2008.
Criminal Procedure Code (V of 1898)---
----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss.9 & 9(c)---Bail, refusal of---Accused was the conductor of Bus from where 24 Kgs of `Garda Charas' was recovered from its upper portion---Said Bus was coming all the way from Peshawar to Karachi and it would be improbable that accused/conductor would not know the nature of his cargo considering the long journey undertaken by the bus---Punishment for an offence falling under S.9(c) of the Control of Narcotic Substances Act, 1997, was death or imprisonment for life---Bail application of accused was dismissed.
Jameel Khan v. State 2003 PCr.LJ 1139; Imdad Ali Junejo v. State 2002 PCr.LJ 1086; Adil Jan v. State 1999 PCr.LJ 808; Noor Ali Khan v. State 2003 MLD 1637; Javid Gul v. State 2002 PCr.LJ 1429; Raees Khan v. State 2005 PCr.LJ 76; Zar Gul v. State 2003 PCr.LJ 1392 and Waris Khan v. State 2000 PCr.LJ 1225 ref.
Z.U. Mujahid for the Applicant.
Ashfaq Hussain Rizvi for Special Prosecutor A.N.F.
ORDER
SALMAN ANSARI, J.---This bail application has been moved on behalf of the applicant/accused Zahid Hussain, who was conductor of bus coming from Peshawar and on Super High Way, Karachi, was intercepted by the ANF staff at Tool Plaza. 24 Kgs of Garda Charas were recovered from the upper portion of the bus. Applicant was the conductor while one Alam Sher was the driver and the Charas was allegedly being carried by one of the passenger namely Umar Wahid. The ANF staff seized the narcotics, accused and the bus and registered a case under section 6/9(c) of the C.N.S. Act, 199'1, against the accused at P.S. ANF-I, Karachi. The learned Special Judge Court No.1, CNS Karachi, was pleased to reject the bail application of the applicant by his order dated 30-8-2008, hence this bail application.
It is argued that the applicant had no knowledge of the narcotics being carried in the bus he being only a poor conductor while the ownership of the same was accepted by the passenger Umar Wahid, hence the case of the applicant would require further inquiry, not a single independent witness of the recovery has been shown. All the witnesses are interested, final report has been submitted and the applicant/accused is no more required for further investigation, hence the bail be allowed. The learned counsel for the applicant has relied upon:-
1. 2003 PCr.LJ 1139 (Jameel Khan v. The State)
2. 2002 PCr.LJ 1086 (Imdad Ali Junejo v. The State)
3. 1999 PCr.LJ 808 (Adil Jan v. The State)
4. 2003 MLD 1637 (Noor Ali Khan v. The State)
5. 2002 PCr.LJ 1429 (Javid Gul v. The State)
6. 2005 PCr.LJ 76 (Raees Khan v. The State)
7. 2003 PCr.LJ 1392 (Zar Gul v. The State)
8. 2000 PCr.LJ 1225 (Waris Khan v. The State)
The learned State Counsel has opposed the bail application. In this case a huge amount of narcotics being Garda Charas has been recovered from bus which was coming all the way from Peshawar to Karachi and it would be improbable that the conductor would not know the nature of his cargo considering the long journey undertaken by the bus. The punishment for an offence falling under section 9(c) of the Control of Narcotics Act, 1997, is death or imprisonment for life. Under such circumstances with due respect to the case law cited, which in my opinion, at this stage would not be applicable to the facts and circumstances of the present case. Let, the evidence of the complainant and recovery witnesses be recorded by the trial Court within a period of three months. With these directions, this bail application is dismissed accordingly.
H.B.T./Z-29/K Bail refused.