1. ' MUHAMMAD MOOSA K. LEGHARI, J.---The applicants were arrested by the police on the accusation that each of them was found in possession of 1015 grams of Charas while they were travelling in a passenger bus as per the report lodged by S.I.P. Zafar Ali on behalf of the State under section 9(c), Control of Narcotices Substances Act vide Crime No, 06/07 loaded at P.S. Dhabeji, District Thatta on 31.1.2007.
2. ' Inter alia, the bail is pressed on the ground that the applicant have been falsely implicated, that inspite of the fact that the applicants were arrested while travelling in a bus in which a number of private persons were available but none of them was associated for the recovery, that a doubt was created after reading 161, Cr.P.C. Statement of P.W. Ghulam Mustafa.
3. ' Learned A.A.G. Has not been able, to recouncile the apparent mistake in the statement of P.W.
4. Ghulam Mustafa and state that the case of the applicants calls for further enquiry.
5. ' The contentions raised have been considered and the material placed on the record has been perused.
6. It must be stated that notwithstanding the bar contained under section 25 of the C.N.S. Act, 1997 thereby excluding the applicability of section 103, Cr.P.C. To narcotic cases, the official smoking searches, recoveries and arrests, are reasonably required to associate private persons, more particularly in those cases in which presence of private persons is admitted so as to lend credence to such actions and to restore public confidence. The aspect of the matter must not be lost sight of indiscriminately and without exception. Besides that, without making any observation on the language of statement, of P.W. Ghulam Mustafa recorded under section 161, Cr.P.C. As the same may cause prejudice to the case of the prosecution it can be said with certainly that a case for further enquiry has been made out.
7. ' In the circumstances, the applicants are granted bail in the sum of Rs, 1,00,000/- (Rupees One Lac only) each and P.R. Bond in the like amount to the satisfaction of the Trial Court.