1. ' Dr. QAMARUDDIN BOHRA, J.--Heard Mr. Sohail Muzaffar learned counsel for the applicants/accused as well as Mr. Muhammad Bux Awan learned A.A.-G. For the State.
2. ' This criminal bail application has been preferred against the order dated 4-9-2007, passed by learned Sessions Judge/Special Judge Anti Narcotics, Shikarpur, whereby bail application moved on behalf of the applicants/accused was rejected.
3. ' Facts of the prosecution case, in brief as reflect from the F.I.R. No,1 of 2007, under section 9/6, Narcotics Act, registered at Police Station Excise Circle, Shikarpur, are that on 14-2-2007 complainant along with his subordinate staff was available at village Haji Khuwasti Road, Shikarpur, they saw a coach (bearing Registration No,SWA-8549) coming from Kandhkot side and same was stopped and applicants/accused were present in it. On inquiry the applicant/accused Muhammad Arshad disclosed himself as a driver whereas applicant/accused Muhammad Rehman told himself to be cleaner. From the personal search of applicants/accused cash as well as their N.I.Cs., were recovered. Whereas during search of the said vehicle registration book in the name of Khadim Shah was recovered from its Dash Board. On further search of the said coach/bus secret cavities were found containing 79 K.G. Charas. Out of them 4 K.G. Was separated and sealed as a sample, while remaining 79 K.G. Charas was sealed separately and further applicants/accused were arrested. Mashirnama was also prepared in this regard.
4. ' The learned counsel for the applicants/accused contended that the bail application was moved before the trial Court, which was rejected vide order dated 4-9-2007. His main contention is that the allegation in the F.I.R. Is that the coach was coming from Swat and was intercepted near Haji Kowasti Road, Kandhkot by the circle Inspector Habibullah Qazi along with subordinate staff but no driving license was recovered from the applicant/accused Muhammad Arshad and he further referred the bail application moved at the trial Court where specific ground was taken that applicants/accused have never carried out any narcotic substance nor anyone was driver or conductor of the coach. He further contended that the offence alleged is on 14-2-2007 at 1-00 p.m., whereas F.I.R. Was recorded on 15-2-2007 at 1-55 p.m. And there is no explanation regarding delay in lodging of the report and he lastly contended that during the search of the coach the registration book in the name of Khadim Shah son of Amir Shah, resident of Kabirabad, Mangora Swat was recovered from the Dash Board of the bus but neither above said person has been nominated as accused nor cited as witness.
5. ' The learned State Counsel opposed the bail application and contended that the huge quantity 79 Kg. Of Charas have been recovered and there is no probability of foisting such huge quantity and he further contended that no recovery of driving license does not mean that the applicants/ accused are not driver or conductor of the coach. Regarding the mushir he contended that as the coach was without any passenger, therefore, no question of any passenger to take as a mushir arises.
6. ' On the query of this Court the learned counsel for the applicants/accused stated that the charge is framed by the trial Court and now case is to be proceeded.
7. ' In the above circumstances, this Court declines for grant of bail, however, the trial Court is directed to conclude the trial within four months time.
8. ' The criminal application stands dismissed and dispose of.