P L D 1987 Peshawar 163 (PLP)

1982 S C M R 727 ref. Sabizada Akhtar Munir and Fazal Haleim for Petitioner. Raza Ahmad Khan, Dy. A.‑G. for the State. Date of hearing: 18th July, 1987. Vide F I R No.20, dated 11‑4‑1987, the accused‑petitioner is charged under sections 156(1)(8)(89), 164, 157, 167, 2 (S), Customs Act, 1969, for smuggling contraband narcotic 'Charas' in quantity of 370 K.Gs. in Car No.RIK‑7787 on way from Tribal Territory to Punjab which was apprehended on G.T. Road off Kund Check Post when the accused did not comply, with the stoppage signal of Custom 'Sepoy' in uniform and after a chase and hit, he was made to stop the car and was arrested and there was recovered 370 K.Gs. 'Charas' from the Diggy, under the seats and .engine of the car. On examination the accused /petitioner stated that the car and 'Charas' belonged to one Khanzada Gul of Tribal Territory and that he had been taking the 'Charas' to Lahore, perhaps as a carrier.

2. It was argued that the accused/ petitioner was a carrier, his case was not covered by section 156(1)(8) of the Customs Act, 1969 and that the origin of 'Charas' cannot be established to be foreign or country made and. that as such the accused /petitioner deserved his release on bail. Reference was made to a judgment in Criminal Miscellaneous No.445 of 1986, in which the accused recovered from 75 K.Gs. of 'Charas' was released on bail, however, in the said case the packets of 'Charas' bore the mark of 'Chatrali Bazar' which prima facie suggested that the 'Charas' recovered from the accused in the said case was country‑made. Reference was made to a judgment in Criminal Miscellaneous No.470 of 1986 when a huge quantity of 'Charas' was recovered from the accused and was granted bail since the maximum sentence for the offence under the Customs Act was only six years' imprisonment. Further in 1982 S C M R 727 accused being carriers were granted bail since main accused in the said case has already been granted bail. In the instant case the main accused is yet to be ascertained. The accused /petitioner has, no doubt, stated that the 'Charas' and the car belonged to one Khanzada Gul of Tribal Territory but he has not been apprehended as yet. In the said statement the) accused has also admitted that he had been taking the 'Charas' to Lahore. The accused/ petitioner did not stop his car, when signalled by a Custom 'Sepoy' and he was at last forced to stop his car after hit and chase pursuit by the Mobile Squad. The accused/petitioner has committed a non‑bailable offence. In the circumstances I could not use my discretion in his favour to release him on bail. The bail application is rejected. M.Y.H./548/P Bail refused.