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Man denied bail in illegal SIM, gateway exchange case

Bureau Report 2015-01-09
PESHAWAR: The Peshawar High Court on Thursday dismissed the ball plea of a person charged with possessing unregistered cellphone SIM cards and running illegal gateway exchange in the capital city.

Justice Waqar Ahmad Sheikh of a single-member bench observed that keeping in view facts of the case, Mohammad Asif did not deserve to be freed on bail.

The petitioner was arrested by a raiding team of the Federal Investigation Agency on Nov 25, 2014 from a house in Tajabad area of Peshawar.

The raiding team had allegedly recovered 121 unregistered SIM cards of different cellphone companies, a laptop and personal computer and other gadgets.

The FIA alleged that the suspect was running an illegal gateway exchange and thus, causing huge losses to national exchequer.

The petitioner`s lawyer said the case was registered against the petitioner under Section 31 of Pakistan Tel e c o m mu n i c at i o n Authority Act and sections 36 and 37 of the Electronic Transmission Ordinance.

He said under the laws, a violator could be sentenced up to seven years imprisonment.

He said as sentence in the law was up to seven years imprisonment, therefore, it did not fall in the prohibitory clauses related to bails in the Code of Criminal Procedure (CrPC).

The lawyer said the raiding team had not fulfilled legal requirements prior to conducting the raid.

Deputy attorney general KifayatullahKhanappeared for the government and said the country had been passing through extra ordinary situation.

He said unregistered SIM cards had been used in the acts of terrorism, including bomb blasts, kidnapping for ransom, and extortion. The deputy attorney generalsaid illegal gateway exchanges inflicted huge financial losses to the country.

BAIL DISMISSED: The same bench dismissed the bail petition of Hasan Shah arrested for trying to smuggling heroin in a vehicle in Hayatabad.

It, however, granted bail to another suspect, Fazal Kareem, who was held with the Hasan Shah.

The police claimed the two were arrested when they were smuggling heroin in a car on Nov 17, 2014.

The police alleged that Hasan Shah was driving the vehicle, whereas the other one was sitting in the front seat.

They alleged that from the secret cavities of the vehicle, the police had recovered nine kilogrammes of heroin.

The two were charged under Section 9 of the Control of Narcotics Substance Act.

Additional advocate general Qaisar Ali Shah said the arrested men had committed a crime against the society by trying to smuggle the contraband.

He said the two didn`t deserve leniency.