1. ' The applicant is seeking pre-arrest bail for being involved in Crime No,01-2005 registered by Excise Divisional Special Squad Hyderabad on 1-1-2005 on the accusation of recovery of charas from the house of co-accused Arif Afridi. The applicant was implicated on the basis of statement of co- accused namely. Muhammad Arshad, who was allegedly arrested on the spot.
2. ' Learned State Counsel has, at the outset candidly conceded that there is no evidence against the applicant except that his name was disclosed by the co-accused and that he was declared as Proclaimed Offender. Learned State Counsel further conceds that one of the co-accused namely Arif Afridi has been acquitted by the trial Court.
3. ' The arguments addressed at the bar have been considered and the material placed on the record has been perused.
4. ' Admittedly, there is no Incriminating evidence against the applicant. The statement of co- accused is obviously inadmissible piece of evidence which cannot be used against the applicant.
5. He was declared proclaimed offender by the trial Court though neither his full name nor parentage or address was mentioned in the challan. The trial Court appears to have acted in a mechanical manner while declaring the applicant proclaimed offender. The co-accused from whose house the alleged narcotics was recovered has been acquitted. In the circumstances, there are sufficient reasons to believe that the applicant has been maliciously roped in the present case by Excise officials.
6. ' Accordingly, interim pre-arrest bail earlier granted to the applicant is confirmed on the same terms and conditions.