1984 P Cr (PLP)

Mir Nawaz Khan Murwat for the State. Date of hearing : 31st December, 1931. The petitioner Raza Taghavi is a foreigner who is facing trial along with-others under section 156 (1) (8) of the Customs Act, 1969. He is in custody as an undertrial prisoner. To begin with he moved a bail appli cation before the Special Judge, Customs who by his order, dated 5th December, 1981 rejected the application. Having failed in the lower Court he has approached this Court for releasing him on bail. Mr. Usman Ghani Rashid learned counsel for the petitioner and Mi: Nawaz Khan Murwat appearing for the State argued for and against the application. I have also gone through the reasoning given by the learned Special Judge for rejecting the petitioner's bail application. It is an admitted position that no recovery was made from the peti tioner. The co-accused Muhammad Raza and Miss Jostta Erika from a whose suit-cases the contraband goods were secured are stated to ha v; already been convicted and the first one sentenced to six months' imprisonment and fine and the second one to pay fine only. While making reference to the case of these co-accused the learned Special Judge made some obser vations with regard to the petitioner. The relevant portion of his order containing the observations reads as under "During the investigation it transpired that the present ,accused Raza Taghavi is also concerned and linked with the smuggling of this heroin. The allegations against him are that he was also with the aforesaid two accused at the Karachi Airport and made -his escape good when the two accused were apprehended. Further a! legations against him are that he is also financier of the aforesaid two ;;ccused and had paid 2,000 D. M. to co-accused Abid Zadeh for looking after the two accused and such money was subsequently recovered from co-accused Abid Zadeh. He had also stayed in the house of Abid Zadeh on the night of incident and a table with his mine engra ved on it was secured from the house of Abid Zadeh." In short the learned Judge took a note of the evidence which forms the basis of the petitioner's implication in the case. On its analysis it would comprise first, that he was seen with the co-accused at the Airport ; two, that he paid 2,000 D. M. to co-accused Abid Zadeh to defray the expenses required for the case of the two convicted accused : three, that he stayed with the co-accused Abid Zadeh in the night. Even if all three pieces or evidence are proved to the hilt and are believed to be correct, such evidence by itself is not enough to establish prima facie case against the petitioner I, therefore, order that the petitioner be released on bail on furnish ing two sureties of Rs. 1,00,000 (Rupees one lakh) each and P.R. of the same amount to the satisfaction of the trial Court. The passport and other travelling document if any belonging to the petitioner would also be de tained until conclusion of the trial against him. M. Y. H. Bail granted.