NAWAZ KHAN Versus THE STATE

ORDER

Nawaz Khan, Imdad Ali and Taj Muhammad petitioners seek bail in case F.I.R. No.211/95, dated 1-7-1995, Police Station Shahdara, Lahore under section 156(1)(8)(89) of the Customs Act, 1969.

2. The prosecution case in brief is that on the receipt of a secret information, the Police and Anti Narcotics Force held a Naka Bandi at Shahdara Mor. They intercepted a Toyota Van and from its search, recovered 419 packets of Charas and fire-arms. It is alleged that when the raiding party signalled them to stop, the accused resorted to firing but when the police returned the firing they tried to run away but the raiding party was successful in apprehending the accused.

3. The petitioners seek bail in offences under the Customs Act, 1969, inter alia, on the grounds that the recovery is fake and further that being a case of mere possession, it does not fall within the prohibitory clause of section 497(1), Cr.P.C. and that having completed the statutory period of more than one year in jail, they are entitled to bail.

4. Admittedly, no one was hurt in the alleged encounter and that the petitioners are behind the bars for more than one year. Their trial has not concluded, as yet and they are not shown to be having any past history of indulging in crime of this nature. The prosecution is yet to establish that the Charas allegedly recovered from their possession was of foreign origin.

In the above circumstances, I accept the application and admit the petitioners to bail in the sum of Rs. one lac with two sureties each in the like I amount to the satisfaction of learned trial Court.

The learned trial Court shall ensure that the sureties are men of means and have definite addresses to find them out, in case the petitioners fail to appeal before the Court.

N.H.Q./N-35/L Bail allowed,