NIZAM UD DIN vs THE STATE

' MUHAMMAD HASHIM KHAN KAKAR, J.---Applicant, Nizam-ud-din son of Haji Ghulam Haider, seeks post-arrest bail in case Crime No,13 of 2011, registered with Police Station, FIA, Quetta, on 23-6-2011, by complainant Muhammad Hashim, IP, under sections 409, 403, 420, 477-A read with sections 109 and 34 of the P.P.C. And section 5(2)of Act-II of 1947.

' The relevant facts for disposal of the instant application appear to be that the FIA authorities had received information to the effect that certain persons are involved in illegal purchase and selling of imported sugar in open market and further transporting the same to Afghanistan, which was being supplied to the Utility Stores Corporation by the Trading Corporation of Pakistan, Karachi on depreciated price. On 23-6-2011, on receiving secret information, the FIA authorities raided a Godown situated at Sirki Road, Quetta, where they found a truck, bearing Registration No,TKB-027, parked and loaded with 700 bags (50 Kgs each) of imported sugar and on query, co-accused Shams Mehmood alias Malang, being the In charge of the Godown, informed that the truck is ready for its delivery to one Raz Muhammad at Chaman. On further query and search, a huge quantity of imported sugar bags, which were provided by the TCP to USC for selling on depreciated rates, was recovered from the said truck and Godown. The allegation against the applicant is that he is owner of the said Godown and the recovered imported sugar, which he, allegedly, purchased, with the help and connivance of the officials of Trading Corporation of Pakistan and Utility Stores Corporation on depreciated rate, with a view to sell the same in open market on higher rates as well as to transport the same to Afghanistan; thereby causing colossal losses to the State exchequer.

3. A bail application was moved by the applicant before the Special Judge, Anti Corruption, Balochistan, Quetta, who after hearing the parties, rejected the same vide order dated 27-8-2011, hence this bail application.

4. I have heard the learned counsel for the parties and perused the available record with their valuable assistance. Admittedly, deeper appreciation is not warranted under the law at bail stage and only bird's eye view is to be made. Tentatively, there is sufficient material available on the record to believe that the applicant has committed the offence in question. It has been observed that the applicant is duly named in the F.I.R. During the course of inquiry held by the FIA, the applicant and his co-accused were found to be involved in the transaction of imported sugar, which has been recovered from the Godown the applicant. The contention of the applicant, being bona fide purchaser, has no legs to stand, as the record reveals that four cheques of Rs,1,40,00,000 have been sent in the name of Tahir Lashari, an employee of USC regarding the illegal purchase of sugar by the applicant. The statements of Ikram Elahi and Amjad Ali, who are employees of USC, Sibi, furnished a complete answer to the said contention of the applicant.. The act of the applicant has not only caused loss to the government exchequer, but accused persons, with collusion of each others, have also misappropriated huge quantity of sugar, meant for public and sent to Utility Stores Corporation; Sibi and its sale amongst the poor and needy population of District Sibi on depreciated price. To my mind, this ,is a textbook example of a case of mega corruption, in which the officials of USC, Sibi have joined hands with the private persons and have deprived the needy people of the Province from their legal rights and caused huge loss to the government exchequer.

The corruption has become a menace, which has to be dealt with iron hands. There is nothing available on record to suggest that the case against the applicant is a product of any mala fide' or It is also an admitted position that the official sugar supplied to USC, Sibi, was found in possession of the applicant. Besides the fact that prayer of B bail of co-accused Naseem Umar Rind has been rejected by this court's order dated 29-8-2011 on merits. From the available facts and circumstances of the case, prima facie, case exists against the applicant, which does not entitle him to the concession of bail. Needless to mention here that the offences mentioned in the F.I.R. Fall within the prohibitory clause of section 497, Cr.P.C.

' Thus, in view of above, application is hereby dismissed. The above observations are purely of tentative in nature, hence, the trial Court shall not get influenced from the instant order.