' ALI SAIN DINO METLO, J.--- Briefly, the facts are that on 30-3-2004, T.F. Mc Guir, Captain of an American Ship "USS Leyte Gulf", called personnel-of Anti-Narcotic Force, Islamabad at his ship at Pasni Point No,2438.8N, and handed over them the applicants, 51 bags of Charas weighing 2216 kilograms and a launch saying that he had captured them along with the Charas on 21-3-2004, while they were sailing in the launch in the international deep sea (Arabian Sea). A case bearing F.I.R. No,5 of 2004 was registered against them at Police Station A.N.F. Clifton Karachi and charge- sheet was filed in the Special Court for the Control of Narcotic Substances, Karachi and the applicants were remanded to prison under the orders of the said Court. Earlier, by its order, dated 9-2-2005, the Special Court dismissed their bail application on the ground that it had no territorial jurisdiction. They approached this Court and by order, dated 27-5-2005 passed in Criminal Revision No,37 of 2005 and Criminal Bail Application No,324 of 2005 the matter was remanded to the Special Court for deciding the bail application on merits and the State counsel was directed to ensure issuance of sanction by the Federal Government as required under section 188 of the Code of Criminal Procedure, 1898, within one month. It appears that on 21-6-2005 the Director-General, A.N.F. Allowed to prosecute the case before the competent Court at Karachi.
2. Learned counsel for the applicants argued that it was case of no evidence as none of the persons, including the captain of the ship, who had allegedly seized Charas from applicants' possession, was cited as witness. He further argued that the letter of the Director-General A.N.F., allowing prosecution of the case at Karachi could not be equated to the sanction of the Federal Government under section 188 (ibid) as no such power was delegated to him.
3. The learned Special Prosecutor, while conceding that the Investigating Agency had not recorded statement of the captain or any other member of the crew of the ship and had not cited them as prosecution witnesses, vehemently opposed the bail application on the grounds that the quantity of Charas involved in the case was big and the applicants had themselves confessed their guilt before the Investigating Agency and that the case was of international importance and the prosecution was also trying to locate the captain and other members of the crew so as to produce them in Court as witnesses against the applicants.
4. As regards the confession of the applicants before the Investigating Agency, suffice to say that, according to Article 38 of Qanun-e-Shahadat, 1984, the same is inadmissible in evidence. The big quantity of Charas could have its importance only if the applicants were connected with it by cogent evidence. The prosecution has not been able to find out and record statements of the captain and other member of the crew despite passage of more than two years. The applicants cannot be kept in custody indefinitely simply to wait collection of evidence against them. It was for these reasons, recorded now, that the applicants, being entitled to the grant of bail, were by a short order, dated 25-4-2006, directed to be released on bail each on furnishing one surety in the sum of Rs,5,00,000 (Rupees five Lacs) only and personal recognizance in the like amount to the satisfaction of the trial Court.