Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497/498---Customs Act (IV of 1969), S. 156(1)(8)---Constitution. Of Pakistan (1973), Art. 185(3)---Bail---Accused's involvement in the crime on the basis of so far collected evidence could not be ruled out of consideration--­Accused was allegedly involved in smuggling of drugs outside country and since evidence was yet to be collected High Court in canceling his pre-arrest bail could ,not be held to have violated any principle or provision of law so as to render the said order amenable to correction or interference by Supreme Court---Petition for leave to appeal was dismissed in circumstances. ORDER ABDUL KADIR SHAIKH, J.---This is a petition for leave to appeal from the order of a learned Judge of Sindh High Court dated 3rd December, 1989 canceling pre-arrest bail granted to the petitioner by the Special Judge (Customs and Taxation), Karachi during the pendency of a case against petitioner and two others under clause (8) of section 156(1) of the Customs Act, 1969. Facts briefly stated are as under: On 27th June, 1969 at 2.00 a.m. Sycda Wazir Fatima, a lady passenger was apprehended at Karachi Airport while leaving for London and from her suit­case heroin weighing 2 K.Gs. was recovered. During the investigation it was revealed that the petitioner and his wife Mst. Oamar Zulfiqar Ahmad were also involved in the case. On behalf of the prosecution reliance was sought to be placed on the following pieces of evidence in order to connect the petitioner with the crime: (1) It was disclosed by PWs Muhammad Yaqub Lakhani and Ravi Lal of M/s. Data Travels (Pvt) Ltd., Karachi that the petitioner had got the ticket issued to Syeda Wazir Fatima and also for himself for travel by Air France and while he left earlier he got the ticket of Syeda Wazir Fatima changed from Air France to Philippine Airlines. (2) Syeda Wazir Fatima (accused) contacted Mrs. Qamar Zulfiqar Ahmad (accused) on Telephone No. 533186 after she was arrested at Karachi ­Airport and protested to her that she had been landed in trouble and that she should come to her rescue. (3) Reference of Telephone No. 533186 finds place in a letter dated 19-7-1988„sent by…

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