1. ' FARRUKH ZIA G. SHAIKH, J.-- This bail application arises out of Crime No, 02 of 2006 Polite Station, D.I.O, Camp Kandiaro registered for offence under section 9(c) of CNS, Act, 1997.
2. ' The brief facts of the case are that on a spy information, the complainant Excise Inspector Zahoor Ellahi In-charge D.I.O Camp Kandiaro and his subordinate staff intercepted a Coaster Mini Bus and after stopping the Bus they found only two persons available in the Bus. On checking the said Bus from its separate cavities 200 Kilograms of Charas was recovered. F.I.R. Was lodged on 17-3-2006 and the same day the accused was arrested. The accused is facing trial before the learned Special Judge for CNS, Naushahro Feroze wherein a challan has also been submitted and the case is proceeding as per law.
3. ' On perusal of the F.I.R, Challan, Order dated 20-7-2006 of the learned CNS Court it has transpired that so far no investigation has been carried out in order to ascertain as to how the real owner of the Coaster Mini Bus bearing No, PE-3363 from which the alleged recovery of Charas was made was allegedly given to the accused. It is contended by learned counsel for the Applicant/accused that out of 200 Kilograms of Charas only 40 Kilograms were sent for Chemical Examination and therefore, at the moment it would be incorrect to say that all of the 200 kilograms of recovered item, , were narcotics. It has also been pointed out by the learned Counsel for the applicant- accused that no recovery of any nature except for Rs,500 has been made from the applicant- accused and that the alleged recovery of 200 Kilograms of Charas has been made from the said Bus and that the prosecution had failed to carry/establish any nexus between the said Bus and accused. Therefore, the case falls within the category of further enquiry wherein concession of bail can be granted to the applicant. The learned Counsel has relied on the case reported as Ashraf Ali v. The State (2005 SLJ 351) wherein my lordships Mr. Justice Wahjd Bux Brohi and Mr. Justice Rehmat Hussain Jafferi held that since Charas was secured from a Truck and not from the possession of the accused, therefore, this would call for a case of that no reasonable ground exists for grant further enquiry and bail plea was accepted of bail.
4. ' On the other hand, learned Asstt. A.-G along with learned S.P.P. Has vehemently opposed this bail application and has contended that without knowledge of the accused no one could conceal narcotics or any other contraband material in the Bus and further that the report of the Chemical Examination was in positive for the 40 Kilograms of Charas, which were sent for Chemical Examination and that the penalty in this crime is imprisonment for life and or death penalty and therefore bail should be refused.
5. ' According to the learned Asst. A.-G. As well as S.P.P. Admittedly, only two persons were present in the Bus and therefore the Charas was concealed in the Bus by the accused persons, but I am of the contrary view, that if the applicant-accused had any knowledge about the concealment of the Charas in the Bus, the Bus would have been carrying passengers, which would have easily designated deceived the Law Enforcing Agency that it contained any contraband items-Charas and so the mere fact that the Bus was carrying only two accused persons points towards the innocence or at least lack of knowledge on the part of the accused that Charas was concealed in the Bus. It cannot be ruled out that any person could have concealed Charas in the Bus since occupation of the applicant-accused was only that of a Cleaner and the ownership of the Bus is of one Zaheer Ahmed son of Abdul Waheed who is shown as an absconder in the Challan and therefore at this stage it can not be said with certainty that the accused had concealed the Charas in the Bus or had any knowledge about the presence of the same. The learned Asstt. A.-G.
6. Contended that no reasonable ground exists for grant of bail.
7. ' Without further going into the merits of the case at this stage this Court is of the view that a prima facie case of further enquiry is made out. Consequently this bail application is allowed. The applicant Khan Muhammad son of Jan Muhammad by caste Jurgal Pathan is granted bail in the sum of Rs,100,000 and P.R bond in the like amount to the satisfaction of the learned trial Court.
8. ' This bail application is disposed off.