NOORUL Versus STATE

ORDER

1. MUHAMMAD YAQUB ALI, J. ‑The seven petitioners are crew members of a launch in which 120 cases of foreign whisky was smuggled from Dubai. They were apprehended on 25 4‑1975 and charged under section 156(8) of Customs Act, 1969. Since then investigation has been completed and challan submitted in the Court of Special Judge (Customs and Taxation) Karachi.

2. The petitioners who are in judicial custody applied for bail to the Special Judge but their prayer was refused. A learned Judge of the Sind &. Baluchistan High Court, has maintained the order against which this petition for leave to appeal is directed.

3. The owner of the launch, Noor Muhammad. has absconded which will result in some delay in the completion of the trial. A notice was accord ingly issued to the Advocate‑General, Sind, so that the matter could be disposed of expeditiously.

4. We have heard Mr. Muhammad Suleman, Additional Advocate‑General Sind, who maintained that the petitioners were not entitled to bail the offence with which they are charged is punishable with rigorous imprison ment for 10 years. At the same time he pointed out that the real beneficiary] of the smuggled goods viz., the owner of the launch has disappeared while the petitioners were only his paid servants. This indicated that the offences committed by the petitioners was not at par with the offence committed by~ Noor Muhammad who has yet to be brought to trial.

5. In the facts of the case we convert the petition into appeal and accept the same. The petitioners are allowed bail each in the sum of Rs. 5,000 with two sureties in the like amount to the satisfaction of the Special Judge (Customs and Taxation), Karachi.

6. Ball allowed.