HIKMAT vs STATE

Hikmat son of Muhammad Azeem resident of Kado Khel Thera Vallay Aurakzai Agency has submitted this application for his post arrest bail as he has been charged in FIR No, 54 dated 25.9.2007, under Section 9(B) CNSA, Sections 471/468/420/419 PPC/S. 6 of Passport Act and Sections 30 & 31 of Nadra Act.

2. Facts of the case are that Maqbool Ahmed, Inspector Police Station Anti Narcotic Force Peshawar had received a spy information on 22.9.2007 that a person, having carrying capsules full of heroin in his stomach is trying to smuggle that outside the country from Peshawar Airport through Flight No, GF-785 Gulf Airline. On this information he alongwith Sub-Inspector Suleman Handal, Muhammad Mushtaq, Muhammad Asif, Amjad Ali, Kashif Javed alongwith informer went to Peshawar Airport and they with the help of Mumtaz Niazi, ASI, Israr Ahmed and Falak Naz F.C. who were already posted at Peshawar Airport, under the supervision Asif Ali Al). All of them started secret Watch on International Departure, in the meantime a person in possession of a bag black in colour was present there and at the pointation of the informer he was held up and on inquiry he disclosed his name to be Daud Khan son of Fazlur Rehman resident of Mohallah Tarkan Village Jabi Tehsil and District Nowshera. On interrogation he admitted, having capsules full of heroin in his stomach. He was then taken to Hayatabad Medical Complex, Peshawar and was produced in the casualty department to a doctor on duty in the casualty who, on the examination of the accused in order to abstract the capsules admitted him to the surgical ward. Today in the presence of Sub- Inspector Sultan and constable Falak Naz, 91 capsules full of heroin were recovered and the doctor on duty Saeed Khan handed over the OPD Chit as well as the discharge slip the capsules full of heroin which were extracted from the stomach of the accused/petitioner. The hereon which after weighment was found to be 620- grams. Out of the recovered heroin 5 grams was sealed into packet and was sent to FSL and the remaining was separately sealed. On further interrogation the accused disclosed that his real name is Hikmat son of Muhammad Azeem resident of Kado Khel Tera Vallay Aurakzai agency he also disclosed that the traveling documents in his possession are forged and he was gong to travel abroad on these forged documents. He further disclosed that the capsules, passport, and NIC alongwith the air ticket had been provided to him by Abdullah son of unknown cast Aka Khel resident of Kallang Bara Khyber Agency. This was sent to the Police Station, Anti Narcotics Force, Peshawar in the shape of Murasila which was incorporated in FIR No, 54 dated 25.9.2007.

3. The accused/petitioner submitted an application to the Special Judge Anti-Narcotics Force, Peshawar namely Mr. Anwar Hussain Khan, who after hearing the arguments of the learned counsel of the petitioner and scanning the available record rejected the application vide order dated 17.11.2007 Hikmat petitioner has come to this Court for his post-arrest bail.

4. Learned counsel for the petitioner submitted in his written arguments that there is no direct evidence connecting the accused/ petitioner with the commission of the offence and the alleged recovery is not effected in presence of public witnesses. It was also argued that quantity of the alleged recovered heroin is not hit by embargo laid down under Section 497 of Criminal Procedure Code. Reliance was placed in the case of Iftikhar Dogar us. The State reported in P.Cr. L.J. 2005 Page 1624.

5. On the other hand Mr. Salahuddin Khan, learned Deputy Attorney General submitted that there is evidence available on the record that the accused/petitioner was carrying the contraband and was intending to smuggle it abroad.

6. I have gone through the record of the case and have considered the submission made at the bar. Perusal of the record reveals that the accused/petitioner was carrying the capsules full of heroin which was duly recovered from his stomach after X-ray examination by a doctor, on weighing the same it was 620 grams the accused has been held up on International Departure of the Peshawar Airport and he was bound to smuggle it to a foreign country. Further more he has also disclosed his fake name and in fact his name was Hikmat son of Muhammad Azeem r/o Kado Khel Therah Aurakzai Agency. The accused was also traveling on fake and forged documents, so reasonable grounds exist to believe that he is guilty of an offence which is hit by the embargo contained under Section 497 Cr.P.C.

7. In view of the facts and circumstances of the case narrated above, there is no force in this bail application, which is hereby dismissed.