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Petition for Special Leave to Appeal No. 80 of 1968, decided on 20th June 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar, dated the 29th February 1968, in Criminal Miscellaneous No. 70 of 1968).
S. 497‑Cancellation of bail by High Court justified‑Special Leave to Appeal refused by Supreme Court.
Mushtaq Ahmad Khawaja, Senior Attorney for Petitioners.
Nemo for the State.
Date of hearing : 20th June 1968.
‑The petitioners stood charged with the commission of the serious charges under sections 353, 148 and 307/149, P. P. C., section 13 of the Arms Ordinance, section 9 of the Opium Act and section 167(81) of the Sea Customs Act for smuggling 81 maunds of opium and other goods. There was a pitched battle between the petitioners and the police force.
The trial Magistrate allowed bail to the petitioners, but the High Court on being moved by the State cancelled their bail.
On the facts set out in the report under section 173 of the Code of Criminal Procedure the High Court was justified in cancelling the bail granted to the petitioners and we see no reason to grant special leave to appeal in the case.
The petition is dismissed.
Leave refused.
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