ASLAM RIAZ HUSSAIN. J.-The petitioners seek leave to appeal against the order of the Labour; High Court, dated 16-2-1983, rejecting their bail application.
2. They are accused alongwith some others, of smuggling gold from Dubai and were arrested outside Islamabad Airport. Their bail application was rejected by the High Court. Learned counsel urged before us that although according to the prosecution itself, Haji Muhammad Afzal is the main accused and the petitioners were merely `carriers' for him, yet the former has been granted bail by the High Court, while the application of the petitioners was rejected. The learned counsel referred to Noorul and others v. The State (1976SCMR190), where in a similar case, the carriers were released on bail, with the following observations.
"At the same time be pointed out that the real beneficiary of the smuggled goods viz., the owner of the launch has disappeared while the petitioners were only his paid servants. This indicated that the offences committed by the petitioners was not at par with the offence committed by Noor Muhammad who has to be brought to trial."
3. We issued notice to the State and adjourned the case. After hearing the learned State counsel, we feel that on the facts of the prosecution case as contained in the show-cause notice issued to the accused/petitioners by the Collector, Custom (which is available at pages 17 to 21 of the paper, book), they are entitled to grant of bail on the basis of the view taken in Noorul and others v. The State.
4. They are, therefore, granted bail in the sum of Rs. 1,00,(100 each with two sorties in the alike amount, each to the satisfaction of Special Judge Custom, Lahore.