1. ' Prosecution case is that A.S.F's. A.S.-I. Muhammad Ashiq on 23-10-1997 recovered contraband 400 Tolas gold in shape of 40 slabs of 10 Tolas each bearing foreign marks and numbers from the pair of shoes, worn by Aamir Mehmood, passenger.
2. ' After lodging of the F.I.R. By Customs Officer and finalization of investigation, charge-sheet under section 2(s) of the Customs Act, 1969 punishable under clause (8) of section 156(1) (ibid) against the accused/applicant was filed before the learned Special Judge (Customs and Taxation), Karachi. Bail application on behalf of the accused/applicant was filed, which was rejected on 8-11- 1997.
3. ' Hence this application.
4. ' While hearing the bail application on 19-1-1998 Secretary, Health Department, Government of Sindh, was requested to constitute a Medical Board which may examine the applicant/accused.
5. Subsequently the Secretary, Health Department constituted a Special Medical Board consisting of Prof. Illahi Bux Soomro, Chairman, Dr. Iqbal Ahmad, Member, Dr. Irshad Kazi, Member, Dr. Sikandar Qureshi, Member, Dr. Niaz Shaikh, Member and Dr. Bashir Ahmad Shaikh, Member/Convener.
6. The Special Medical Board examined the UTP/accused/applicant and submitted its report which reads as under:-- "U.T.P Aamir Mehmood has been examined by the members of the Board. He is a known case of Manic Depressive Paychosis since 1992. Presently in severe depression with suicidal thoughts.
7. ' The Board is of the opinion that in present state of his illness, his detention in jail may be detrimental. He requires proper place for management/treatment."
8. ' Since bail is being sought on account of illness of the applicant/accused which is supported by the report of the Special Medical Board, referred hereinabove.
9. ' Section 497(1)(2) provides:-- "(1) When bail may be taken in cases of non-boilable offence.---(1) When any person accused of any non-boilable offence is arrested or detained without warrant by an officer-in-charge of a police station, or appears or is brought before Court, he may be released on bail, but he shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or (imprisonment) for life or imprisonment for 10 years: ' Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail."
10. In view of the Medical Report, the accused/applicant is a sick person and entitled to be released on bail. Resultantly, application is granted. '/ The applicant/accused may be released on bail on furnishing solvent surety in sum of Rs,5,00,000 and P.R. Bond in the like amount to the satisfaction of the Trial Court.
11. ' The application stands disposed of. M.A. No,3505 of 1997 ' In view of the above order this application also stands disposed of.