1. The applicant who is facing prosecution under section 156(1)(8) of the Customs Act, 1969, has applied for bail. The allegation against him in the F.I.R. As well as in the final challan submitted to the case show that the accused was arrested by the official of Coast Guard while he was allegedly carrying 4 Kg. Heroin in a shoeing bag near Mazar Bukhari Sahib Khardar. It is also alleged that further quantity of heroin was also recovered on his pointation from the house of the applicant.
2. From the allegation as stated in F.I.R. And in the challan against the applicant it is yet to be determined as to which of the two provisions namely, Customs Act or the Prohibition Order will be applicable to the case of the applicant. In the circumstances, the case of the applicant will fall under the category of further enquiry, at this stage and accordingly admit the applicant to bail but the same, keeping in view the fact that the applicant belongs to Khaiber Agency Area, I fix the amount of bail at Rupees three lacs with one surety and P.R. In the like amount to the satisfaction of the trial Court.