1. ' By this Cr. Revision Application, the applicant/accused has assailed the order of Special Judge, Control of Narcotic Substances Hyderabad dated 26-8-2003 whereby his bail was cancelled, and N.B.W was ordered against, him as well as notice to his surety.
2. ' We have heard Mr. Aijaz Shaikh learned counsel appearing on behalf of the applicant/accused and Mr. Masood A. Noorani, learned Additional A.-G. The latter does not support the impugned order.
3. The perusal of material placed on record shows that the applicant/accused is facing trial before Special Judge C.N.S Hyderabad in a Case under Section 9-B (CNS) Act, 1997 which arose out of F.I.R No,33 of 2002 of Police Station Tando Yousuf. On the relevant date of hearing i.e, 26-8-2003 when the case was called, applicant/accused was absent therefore his bail bond was forfeited and N.B.W. Was ordered against him as well as notice to his surety. The medical certificate annexed with application reveals that on the date of hearing i.e, 26-8-2003 the son of applicant namely Ali Asghar aged about 3 years was ill and due to his serious condition he was treated in hospital upto 28-8-2003 and applicant was attending him. It appears that the absence of applicant/accused was neither wilful nor deliberate but it was due to unavoidable circumstances which were beyond his control.
4. ' Resultantly, the impugned order is set aside. The applicant/accused is allowed to remain on same bail and same surety.
5. ' The Cr. Revision Application stands iands disposed of along with listed application.