2001 S C M R 71

[Supreme Court of Pakistan]

Present: Rana Bhagwan Das and Deedar Hussain Shah, JJ

MUHAMMAD GUL---Petitioner

versus

THE STATE---Respondent

Criminal Petition No. 82-K of 1999, decided on 23rd May, 2000.

(On appeal from the order of the High Court of Sindh, dated 14-6-1999 passed in Criminal Bail No.531 of
1999).

Criminal Procedure Code (V of 1898)---

-----S.497---Control of Narcotic Substances Act (XXV of 1997), S.9-C--Bail, grant of---Recovery of 3000
Kilograms of Charas from the truck driven by the accused---Drug trafficking being a menace which was a
problem for society at large and order of High Court refusing bail to the accused, from whom such huge
quantity of Charas was recovered by the raiding party did not call for interference.

The State v. Mobin Khan 2000 SCMR 299 ref.

Gul Zaman v. The State 1999 SCMR 1271 distinguished.

Akhlaq Ahmed Siddiqui, Advocate-on-Record for Petitioner.

Naraindas C. Motiani, Advocate-on-Record and Ainuddin Khan, A.A.-G., Sindh for the State.

Date of hearing: 23rd May, 2000.

ORDER

DEEDAR HUSSAIN SHAH, J.---Brief facts of the case are that on 2-7-1996 complainant F.I.O. Arshad Islam
Shaikh and ANF PS-II, Karachi on receipt of spy information, after constituting a raiding party and
procuring private witness Muhammad Pervez son of Muhammad Shafi, reached at Super Highway
opposite New Sabzi Mandi, and after Nakabandi of the road, started checking the vehicles. At 5-00 a.m.
a truck with Registration No.MRA 5899 driven by petitioner Muhammad Gul came there from
Hyderabad, which was checked by the ANF staff and found 300 kilo grams of Charas, camouflaged
beneath the gunny bags filled with onions. After lodging the F.I.R., investigation was finalized and
charge-sheet was filed before the Court.

2. Bail application on behalf of the petitioner was moved before the Special Judge, Malir, Karachi but the
same was dismissed on 26-2-1996. Thereafter, the petitioner approached the learned Sindh High Court
with the prayer to release him on bail. A learned Division Bench of the Sindh High Court rejected the
application vide order, dated 14-6-1999. Hence the present petition for leave to appeal.

3. We have heard Mr. Akhlaq Ahmed Siddiqui who contends that accused/petitioner is in custody since
2-7-1996 and his trial is not yet over and on account of delay of petitioner is entitled to be released on
bail. In support of the above contention, he refers to Gul Zaman v. The State (1999 SCMR 1271).

4. We have also heard Mr. Naraindas C. Motiani on behalf of the Anti-Narcotic Force, who submits that
offences punishable under section 9(c) of the Control of Narcotic Substances Act, 1997 is punishable
with death and section 51 of the said Act bars the jurisdiction of the Court in releasing an accused
charged with offence under section 9(c) of the said Act. He cites 2000 SCMR 299 (The State v. Mobin
Khan). He further submits that the delay which had occurred in conclusion of the trial is prima facie on
the part of the petitioner/accused as upon filing applications the police papers were called by the trial
Court as well as the High Court. He further submits that prosecution will take every possible steps to
conclude the trial of the petitioner within shortest possible time.

5. Mr. Ainuddin Khan, learned Additional Advocate-General adopts the arguments advanced by Mr.
Naraindas Motiani and opposes the grant of bail to the petitioner.

6. The facts in Gul Zaman's case (supra) referred to by Mr. Akhlaq Ahmed Siddiqui are as under:--

"Messrs Champ Sports, Sialkot, exported 50 cartons of medicinal bales to Messrs Sears, Canada, from
Lahore through Airway Bill No.020-3248-47-12 by Lufthansa Cargo. The said consignment was checked
at Sharja Airport and 400 Kgs. of Hashish was found concealed in the medicinal bales On receipt of the
said information a raiding party was constituted which visited the office of Hasnain Cargo, Sialkot,
through which the consignment in question had been booked and arrested one Asif Javed, who in
interrogation disclosed that the consignment was owned by Gul Zaman who had booked it through him.
On the basis of the said information, a case was registered on 27-5-1997 and Gul Zaman petitioner was
arrested on the same day. Naseem Butt, the owner of Champ Sports, was also arrested. It was alleged
that Asif Javed, Naseem Amin Butt, Mahmood Hassan Harvi and Gul Zaman were members of a gang
engaged in the smuggling of Narcotic. They were, thus, booked in the case."

7. The facts of the above-cited case, in our humble opinion, are not attracted to the facts of the present
case. In this case recovery was effected from the truck which was being driven by the
petitioner/accused.

8. In the case of The State v. Mobin Khan (2000 SCMR 299) respondent was granted bail by learned High
Court of Sindh in Criminal Bail Application No.330 of 1998 which was assailed by State through Deputy
Director, Anti Narcotic Force in petition for leave to appeal against the order of the High Court. After
hearing the parties, this Court allowed the application and bail granted to the respondent was cancelled.

9. It seems that huge quantity of Charas has been recovered by the raiding party from the truck which
was driven by the petitioner/accused. Drug-trafficking is a menace which is a problem for society at
large. On the face of record we find that the impugned order does not call for any interference. We see
no substance in this petition which is accordingly dismissed. However, the trial Court is directed to
conclude the trial of the petitioner as early as possible.
Q. M. H. /M. A. K./M-110/S Petition dismissed.