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Criminal Miscellaneous No. 29/B/C of 1983, decided on 18th July, 1983.
‑‑‑S. 497‑‑Customs Act (IV of 1969), Ss. 156(1)(89) & 157/164/178‑‑Bail, grant of‑‑Large quantity of Charas, opium and Heroin recovered from a car‑‑Accused travelling in that car‑‑Driver and other passenger ran away‑‑Investigation was over‑‑Whether accused was connected with narcotics or was an innocent traveller ignorant of contrabands in car, being a serious question at trial, bail was allowed in circumstances.
Muhammad Saleem Sheikh for Petitioner.
Ch. Muhammad Yameen and Sh. Maqbool Ahmad II for the State.
The petitioner in this bail application was found travelling in a car from which a very large quantity of Charas, opium and Heroin bearing foreign markings was recovered. The car was stopped at Hassan Abdal by a raiding party of the Customs Department. The driver of the car and one other passenger managed to run away. The case of the petitioner was that he was an innocent passenger and was enjoying a free lift from Peshawar to Rawalpindi. It may be mentioned that he is a head‑constable in the police force and was at the relevant time posted at Police Station Naushera Cantonment.
2. So far as the petitioner is concerned the investigations are over. It will be a serious question for consideration at the trial whether the petitioner was in any way connected with the smuggled narcotics or p was merely an innocent traveller entirely ignorant of the contrabands carried by the car. I would accordingly enlarge him on bail on his executing a bond in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of Special Judge (Customs), Lahore.
S.A. Application accepted.
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