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Criminal Bail Application No. 1492 of 1986, decided on 2nd December, 1986.
‑‑S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.3/4‑‑ Bail‑‑Main culprit/co‑accused who was wanted in a number of cases arrested‑‑Accused driving car possibly having no knowledge that co‑accused was in possession of Heroin‑‑Case against accused one of further inquiry‑‑Bail granted.
Nooruddin Sarki for Applicant.
A.A. Mohammadally A.A.‑G. for the State.
On 4‑7‑1986 the police party on spy information arrested the present applicant who was driving a private taxi and on search it is alleged that 10 kilograms of Heroin wag‑recovered from brief case. The prosecution case in brief is that the present applicant was driving the car and two co- accused who were sitting on the back seat of the car opened the door and ran away when the police tried to apprehend the accused persons. After completing investigation the case has been challaned. The co‑accused Zafarullah has been arrested by the Khairpur police under section 3/4 of Prohibition Ordinance. The learned counsel has placed on record 5 F.I.Rs. showing that Zafarullah is involved in a number of cases. He had hired the taxi and the applicant is innocent as he was driving the taxi without any knowledge that the accused were taking Heroin in the brief case. He has placed on record a certificate of area Councillor showing that the present applicant is the driver of a Taxi No. 640‑048 of Shikarpur. As the main culprit has been arrested who is wanted in a number of cases, therefore, it is possible that the applicant had no knowledge if the co‑accused was in possession of the Heroin. An application was moved by the present applicant for grant of bail but the same was rejected by the learned Sessions Judge on the ground that he started running the car. The learned counsel for the applicant has stated that the applicant had stopped the car and intended to reverse it when the co‑accused ran away and the present applicant was apprehended. It is a case of further enquiry. The applicant is admitted to bail. He be released on furnishing surety in the sum of Rs.25,000 (Rs. Twenty‑five thousand only) and P.R. in the like amount to the satisfaction of the trial Court.
M.Y.H./M‑74/K Bail granted.
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