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Criminal Bail Application No. 2 of 1983, decided on 15th February, 1983.

S. 497 and Customs Act (IV of 1969), S. 156 (1), (8)‑Bail Contention that applicant not present at time of recovery of contraband articles and place of recovery accessible to all as such exclusive pos session or knowledge of such articles cannot be attributed to him --Investigation of case over‑Challan presented in Court‑Applicant admitted to bail in circumstances of case.

Sale v. Qazi Pervez Iqbal P L D 1978 S C 64.

Muhammad Ibrahim Abbasi for Applicant.

Mrs. Salima Nasiruddin for the State.

The case of the prosecution in that the applicant is Engine Driver of the launch and from the Engine Room 461 Omex Writ Watches were recovered which were concealed under the plans. The value of the watches is assessed to be Rs. 55,380. The applicant is being tried under section 156(1) (8) of the Customs Act. Bail plea is rejected by the trial Court vide order dated 25‑1‑1983. Bail plea is urged on the ground inter alia that applicant was not present at the time when the launch was raided and conclusive possession or knowledges of these watches cannot be attributed to the appli cant and in this content it is further stated that this Engine Room is accessible to other members of the crew of the launch also and it was not locked at the time when raid was made. It is further stated that accord ing to the case of the prosecution the launch in question arrived at N. M. B. Wharf, Ghas Bander, Karachi on 15‑1‑1983 at 5‑30 p.m. and the raid was made on the following day at 2.00 p.m. Bail plea is urged on the ground that in the circumstances stated above, it is a case of further enquiry whether exclusive possession or knowledge can be ascribed to the applicant. Mrs. Salima Nasiruddin states that according to the case of prosecution, the applicant was not present at the time when raid was made and contraband watches were recovered. Mr. Abbasi in support of his contention has further relied upon the decision in the case State v. Qazi Pervez Iqbal (P L D1978 SC 64). The investigation is over and challan was presented in the Court on 30‑I‑1983. Prosecution proposes to examine 3 witnesses including tindal Governor Khan, son of Bahadur Khan, who has stated that applicant was the driver of the launch. For the facts and reasons mentioned above, the applicant is admitted to bail in the sum of Rs. 50,000 (Rupees fifty thousand) only with one surety and .P, R. bond in the like amount to the satisfaction of the trial Court.

Bail allowed.

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