2008 PLP 2553 (YLR)

KHAWAJA NAVEED AHMED, J.

This Bail Application has been moved on behalf of accused Muhammad Ismail who is facing trial in F.I.R. No.1 of 2007, registered at Excise Provincial Intelligence Bureau, Police Station, Karachi under section 9(c) of Control of Narcotic Substances Act, 1997. Allegation against the applicant is that on 2-2-2007, he was apprehended by Nisar Ahmed, Excise Inspector of Provincial Intelligence Bureau, Sindh, Karachi, while he was sitting on a seat adjacent to the driving seat in Toyota Car No. V-4077. The complainant Nisar Ahmed in his F.I.R. has stated that upon search of the applicant as well as driver of the car nothing incriminating was recovered. However, upon search of the vehicle from the concealed cavities under the dash board 132 Kg of Charas was recovered. He had booked both the persons and challaned them in Court where they are facing trial. The learned counsel for the applicant has argued that the present applicant was sitting on the adjacent seat of the car; there is no evidence that he had any knowledge of the hidden contents of the said vehicles; he is neither owner of the car nor the Charas belongs to him. The learned counsel further submitted that during last one year not a single witness has been examined in the trial Court. He submits that the applicant is an innocent person and is rotting in jail without trial for last one year. On the other hand, Mr. Muhammad Bux Awan, learned State counsel was vehemently opposed the bail on the ground that weight of the recovered Charas is 132 kg, which according to him is very huge quantity and as such the bail application should be dismissed. Mr. Abdullah Khan Kakar, Advocate for the applicant, while arguing on the point of weight and quantity of the Charas has drawn my attention towards the case of Muhammad Hashim v. The State reported PLD 2004 Supreme Court 856 wherein 288 rods of the Charas were recovered but sample of 4 grams of Charas were taken out and sent to Chemical Examiner for report. In the present case, it is alleged that 136 rods of Charas was recovered while the sample has been taken only from 5 rods. I have heard the arguments of both the learned counsel and have perused the record. The sample has not been taken from all 136 recovered rods of Charas and it has only been taken from 5 rods. In these circumstances, the Honourable Supreme Court in the case of Muhammad Hashim v. The State reported in PLD 2004 SC 856 had acquitted the accused who was facing conviction of life imprisonment. Moreover, the applicant is in custody for last one year without trial. The car is not owned by the applicant and there is no evidence in the hands of the prosecution to prove that the present applicant had any knowledge regarding the hidden contents of the car. It is yet to be determined by way of evidence whether the present applicant had any knowledge of Charas hidden in the car and whether he had shared common intention with the co-accused Abdul Mannan, who was driving the car. In my view, the case requires further inquiry under section 497(2), Cr.P.C. and during pendency of the inquiry the accused has made out a case for grant of bail. I hereby grant bail to the accused/applicant upon his furnishing surety in the sum of Rs.3,00,000 (Rupees three hundred thousand only) and P. R. bond in the like amount to the satisfaction of the trial Court. H.B.T./M-104/K Bail granted.