On 1-11-1988 the applicant was apprehended alongwith co-accused Mi--r Baz Khan and Javed Iqbal at Terminal No.III, Karachi Air Port and from his possession 1200 grams of powder of heroin was recovered. Such memo was prepared in presence of Mashiros Mangal and Roban Masih. On the same day at 6.30 a.m. The report of this incident was registered. After usual investigation, the applicant alongwith co-accused were sent up before Special Judge (Customs and Taxation), Karachi, where the applicant applied for bail, but without any Success.
2.I have heard Mrs. Navin Merchant, learned counsel for the applicant and Mr. Abdul Sattar, learned counsel representing the State. The latter has conceded to the grant of bail to the present applicant.
3. Mrs. Navin Merchant, learned counsel for the applicant, who has presented the case with ability, has stressed mainly upon the affidavits filed by both the mashirs thereby exonerating the applicant. She has relied upon the cases reported as Allah Bakhsh v. Nazar Hussain Shah and another v. (1979 S.C.M.R 137), Rehmat A.I- and another v. The State (1979 S.C.M.R 30) Dinu Ilias Din Muhammad v. The State (1988 PCR.LJ 1362), A.I Gul and 3 others v. The State (1986 P.Cr.L.J. 433) and Nawaz and Nazar v. The State (N.L.R. 1980 Criminal Lah.73) in an attempt to show that in the aforesaid circumstances the case would require further inquiry and consequently the applicant is entitled to bail under sub-section (2) of section 497 Cr.P.C. Keeping the above position in view I admit the applicant to bail in the sum of Rs.100,000 (Rupees one lac) with P.R. In the like amount to the satisfaction of the Nazir of this Court.
SA./N-177/K