The Sindh High Court has granted bail to two agents in a case pertaining to smuggling of a prohibited drug.
The applicants, Raza Ali Shah and Ejaz Ahmed, were arrested by the Anti-Narcotics Force in the Port Qasim area for smuggling prohibited medicines to the United Arab Emirates (UAE).
According to the prosecution, Ali cleared the container bound for export to the UAE containing 380 kilogrammes of tramadol tablets along with 10 kilogrammes of other tablets. The consignment contained 10 kilogrammes of a psychotropic substance, which is mentioned in a schedule of the Control of Narcotics Substance Act, the prosecution alleged.
The applicants’ counsel submitted that the case against the applicants merited further inquiry. They submitted that the tablets were not prohibited and they were sold at every medical store. They said the applicants were neither exporters nor clearing agents nor their names were mentioned in the Good Declaration (GD) form.
The counsel said that the other service provider namely Attiya had been assigned a similar role but she was instead made a prosecution witness. They said the witness was also in contact with the main accused like the applicants and had been facilitating process of consignment.
An ANF special prosecutor and the investigation officer opposed bail concession for the applicants submitting that they were found to be in contact with the main accused and the containers were being exported to the UAE surreptitiously to sell the tablets in International black market.
A division bench of the SHC headed by Justice Mohammad Iqbal Kalhoro after hearing the arguments of the counsel observed that except the allegation against Ahmed that he was in contact with the main accused, there was no evidence available on record that prima facie connected him directly with the consignment.
The SHC observed that no one denied that he was a service provider without any criminal history, therefore, unless evidence of his knowledge of tablets and connivance was presented in the court, his false implication could not be ruled out.
The high court observed that prima facie the role of applicant Ahmed and prosecution witness Attiya appeared to be identical in that she was also in contact with the main accused who were still absconders, but she had been made a witness.
The bench observed that there was no likelihood of conclusion of the trial in the near future.
It observed that the allegations against Shah was that he was found present along with a clearing agent near the container which had already been held up by the ANF.
The high court observed that there was only a word that he had come from Peshawar to get the consignment cleared and except that. Prima facie no evidence had been brought on record against him.
The SHC observed that the investigation was already over and the applicants were no more required for further enquiry.
The high court granted the applicants bail subject to their furnishing a solvent surety separately in the sum of Rs500,000 each and PR bond in the same amount to the satisfaction of the trial court.
