SAAD SAOOD JAN, J.-1. On 22-7-1985 at 8.15 p.m. The petitioner was travelling by a car which was held up by a police party. On search of the car 6000 tolas of gold was recovered. The gold had been hidden under the rear seat of the car. On the basis of this recovery a case under the Customs Act was registered against the petitioner. The precise allegation against him is that he was intending to smuggle gold out of the Pakistan.
2. In support of this bail application it is contended that the petitioner was a mere carrier and that the main culprit to whom the gold belonged according to the prosecution itself has since been released on bail. Support is also sought from two decisions of the Supreme Court reported as Ghazi Shah vs. State 1983 S.C.M.R. 727 = PTCL 1980 CL. 276 and Noorul vs. State 1976 S.C.M.R. 190.
3. On behalf of the State it is contended that there is no evidence that the petitioner was a mere carrier and that so-called original owner has disowned all connection with the gold.
4. It will be serious question for consideration at the trial whether the petitioner was merely a carrier or the owner of the gold recovered from the car. At present I find that the raid was organized by the police on the information furnished "to the Senior Superintendent of Police and in that information the petitioner was stated to be a mere carrier. I also find that the Collector of Customs has given a notice to another person describing him to be owner of gold. In the circumstances I direct that the petitioner be admitted to bail on his executing a bond in the sum of Rs. 5,00,000/- (five lakhs) with two sureties in the like amount to the satisfaction of the Special Judge (Customs), Lahore.