HIKMAT vs THE STATE
This matter concerns a post-arrest bail application filed by the petitioner, Hikmat, who was charged with drug smuggling and possession of forged travel documents. The petitioner was apprehended at Peshawar Airport based on intelligence that he was smuggling heroin capsules in his stomach. Upon medical examination, 91 capsules weighing 620 grams were recovered. The petitioner also admitted to using a false identity and possessing forged travel documents, allegedly provided by an accomplice. The core legal question was whether the petitioner was entitled to bail given the nature of the evidence and the statutory prohibitions. The Court held that the recovery of a significant quantity of narcotics, combined with the petitioner's admission of using forged documents and a false identity, established reasonable grounds to believe the petitioner was guilty of the charged offences. Consequently, the Court determined that the case fell within the prohibitory clause of the relevant bail statute. The application for bail was dismissed, affirming that the existence of reasonable grounds to believe in the accused's guilt precludes the grant of bail under the circumstances.
- Does the recovery of narcotics from the stomach of an accused constitute reasonable grounds to believe the accused is guilty of an offence?
- Does the possession of forged travel documents and the use of a false identity impact the determination of bail in a narcotics case?
- Is an accused entitled to bail when the offence charged falls under the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Section 9(b), Control of Narcotic Substances Act 1997
- Section 471, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 419, Pakistan Penal Code 1860
- Section 6, Passport Act 1974
- Section 30, National Database and Registration Authority Ordinance 2000
- Section 31, National Database and Registration Authority Ordinance 2000
- Section 497, Code of Criminal Procedure 1898
' MUHAMMAD ALAM KHAN, J.--- Hikmat son of Muhammad Azeem resident of Kado Khel Thera Vali Aurakzai Agency has submitted this application for his post-arrest bail as he has been charged in F.I.R. No,54, dated 25-9-2007, under section 9(b), C.N.S.A., sections 471/468/420/419, P.P.C., 6 Passport Act and sections 30, 31 of NADRA Act.
2. Facts of the case are that Maqbool Ahmad, 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 along with Sub-Inspector Suleman Handal, Muhammad Mushtaq, Muhammad Asif, Amjad Ali, Kashif Javed along with informer went to Peshawar Airport and they with the help of Mumtaz Niazi, A.S.-1., Israr Ahmad and Falak Naz F.C.
Who were already posted at Peshawar Airport, under the supervision of Asif Ali, AD. 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 O.P.D. Chit as well as the discharge slip the capsules full.Of heroin which were extracted from the stomach of the accused/petitioner.
The heroin which after weighment was found to be 620 grams. Out of the recovered heroin 5 grams was sealed into packet and was sent to F.S.L. 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 travelling documents in his possession are forged and he was going to travel abroad on these forged documents. He further disclosed that the capsules, Passport and N.I.C. Along with the air ticket had been provided to him by Abdullah son of unknown caste Aka Khel resident of Kallang Bara Khyber Agency. This was sent to the Police Station Anti-Narcotic Force, Peshawar in the shape of Murasila which was incorporated in F.I.R. 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 v. The State reported in 2005 PCr.LJ 1624 (Peshawar).
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 were 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 resident of Kado Khel Therah Aurakzai Agency. The accused was also travelling 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.