ABDUL KARIM Versus THE STATE

ORDER

1. The applicants have been challaned before the learned Special Judge Customs and Taxation, Karachi for committing offence under section 156 (1) (89) of the Customs Act, 1969 as allegedly they were found to be in possession of 350 Kgs. of Charas which was recovered from a truck in which they were allegedly travelling. Admittedly, the recovery was made near Toll Tax Plaza Gate at Hyederabad on Super Highway. The contention of Mr. Mohammad Ali Shaikh, under the circumstances, is that the case does not fall within the jurisdiction of Special Court Customs as the offence alleged to be committed by the applicants at the most falls within the purview of Prohibition (Enforcement of Hadd) Order 1979. Reliance has been placed on an unreported case of this Court i.e. Shamandroz v. The State (Speciai Criminal Bail Application No.42/1985). The contention raised by Mr. Mohammad Ali Shaikh is not without force and Mr. Abdul Sattar learned counsel appearing on behalf of the State has no answer against the same. It, therefore, appears to be a case for further inquiry as contemplated by section 497 (2 ), C r. P . C .

2. Bail is, therefore, granted to the applicants in the sum of Rs.2,50,000 each, with one surety in the like amount to the satisfaction of the Nazir of this Court.

3. S.A./A‑197/K Bail granted.