SHC dismisses bail plea of exporter in drug smuggling case

The Sindh High Court dismissed the bail application of an exporter in a drug smuggling case and directed the trial court to conclude the trial proceedings within two months.

Applicant Shahid Khan was arrested by the Anti-Narcotics Force for allegedly smuggling 145 kilograms of Ketamine to Hong Kong and the drug was concealed in a shipment of fabric rolls.

The applicant’s counsel submitted that witnesses have not implicated the applicant during deposition before the trial court while the co-accused who was granted the same role has been granted bail by the trial court in the case.

The ANF special prosecutor opposed the bail application and submitted that all the prosecution witnesses had been examined and prima facie they had implicated the applicant in the case except one witness whose evidence was to be recorded by the trial court. He requested the court to dismiss the bail application with a direction to the trial court to decide the bail application within the shortest possible time.

A single high court bench headed by Justice Mohammad Iqbal Kalhoro, after hearing the arguments of the counsel, observed that the reference of the applicant’s counsel with regard to insufficient evidence is hardly relevant as it is settled that for deciding a bail application only tentative assessment of the material is to be made.

The court observed that if he revelation of the witness’ cross examination and its impact are taken into account to decide the bail application it will amount to deeper appreciation of the evidence and forming a final opinion after which nothing will be left for the trial court to decide in the final judgment. The high court further stated that the bail application of the co-accused has been dismissed with the direction to the trial court to decide the case within two months.