Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 6, 7, 8 & 9---Drug trafficking, smuggling and normal possession of drugs---Drug trafficking and smuggling from Pakistan to another country---Criteria and yardstick for examining the cases of normal possession or transportation of narcotic drugs, should be different from cases of trafficking and smuggling of narcotic drugs as in latter class of cases, it was difficult for prosecution to procure the evidence of the quality which was normally procured in former class of cases and further examine the facts, surrounding circumstances and evidence collected so far with a view to ascertain innovative method adopted by the trafficker or smuggler to take away the material. (b) Criminal Procedure Code (V of 1898)--- ---S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss.9 & 51---Bail, refusal of---Accused being foreign national, possibility of absconding of accused, could not be ruled out and once he would leave the country through any illegal method his attendance could not be procured for his trial, even if his and his surety's bail bonds were cancelled and surety amount was recovered from the surety---Reasonable grounds existed for believing that accused was involved in the case---Case of accused, in circumstances, fell under prohibitory clause of S.51 of Control of Narcotic Substances Act, 1997---Accused was not entitled to concession of bail, in circumstances. ORDER RAHMAT HUSSIAN JAFFERI, J.---Brief facts giving rise to the present bail application are that on 31-3-2005 complainant Inspector Sardar Abdul Waheed of Police Station ANF, Clifton, Karachi received spy information that a person by the name of Ahudhu Manliki would smuggle a huge quantity of narcotics by air. Therefore, on that date at about 7-40 a.m. the required points at the airport were put under surveillance. A.S.-I. Nazir Alam was deputed to see the luggage putting in the aircraft of Flight No.PK-274. In the meanwhile a black African namely Ahudhu Manliki, the present applicant came in the departure lounge after customs checking and proceeded to ANF checking counter. He was holding two handbags of black colour. The same…

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