SHER ZAMAN Versus THE STATE

ORDER

1. According to the allegations 160 bags of pulses were stored in the premises belonging to co‑accused Sher Zaman and four bags out of them were found to contain heroin powder. The gross weight of the contraband goods is shown in the challan to be 138 Kgs. The only allegation against the present accused, according to the challan, is that he had conspired with the co‑accused Sher Zaman, who is absconding, in purchase of the bags.

2. The contentions of Mr. Rana M. Shamim, learned counsel for the applicant are that admittedly the applicant is not the owner of the premises from where the contraband goods have allegedly been seized and further the notice under section 171 of the Customs Act was not served upon the applicant before his arrest which is a mandatory requirement of law. The factual position stated by learned counsel is not controverted by the prosecution. Consequently, I agree with Mr. Rana M. Shamim that this is a case for further enquiry as contemplated by section 497 (2) , Cr. P.C .

3. Bail is, therefore, granted to the applicant in the sum of Rs.2,50,000 with one surety to the satisfaction of the learned Special Judge (Customs), Karachi. Mr. Abdul Sattar states that only interim challan has been filed before the Court and the investigation is still continuing. The applicant is, therefore, directed that he should also present himself for the purposes of investigation as and when required by them.

4. M.Y.H./S‑139/K Bail granted.