1. ' M.M.A. Ijaz, complainant lodged the F.I.R. Which reads as under: ' "A credible information had been received that foreign liquor in huge quantity would be smuggled into the country under the garb of imported goods viz mineral water and would be cleared and contained in a Container No,CRXU-2997950 from Port Qasim. Pursuant to the said information, incognito surveillance was mounted and when the said container was cleared from Port Qasim and had passed through the Gate, the Truck No,QAA-7950 loaded with the said container was followed and eventually intercepted near K.M.C. Check Post at National Highway. The driver and cleaner were hauled up and one Nasrullah Paracha, the Clearing Agent of M/s Latif Trading Company was also nabbed. The impounded vehicle with container loaded thereon was brought to the A.S.O's. Office at N.M.B. Wharf, Karachi. The said container was off-loaded and the examination process was carried out in the presence of musheers M/s. Ashfaq Ali and Jameel Ahmed, as a result of which 120 cartons were found to contain scotch whisky (black label) whereas 840 cartons were found to contain mineral water of Gulfa Brand. The offending goods alongwith the cover goods i.e, mineral water, were seized alongwith container and conveyance under a musheernama prepared on the spot.
2. ' Preliminary investigation revealed that the consignment bf mineral water (containing foreign liquor as well) was cleared by Clearing Agent Nasruallh Paracha and one Abdul Majeed of M/s. F.M.
3. Enterprises had played instrumental part in the clearance of impugned consignment and he was a liaison between the importer and clearing agent. Clearance of impugned consignment was effected against bill of Entry No,I3271 dated 14-3-1998 which showed M/s. Z.I. Corporation as importer. Nasrullah Paracha has accordingly been arrested and a notice under section 171 of the Customs Act, 1969, has been served upon him. Driver and Cleaner namely Muhammad Asif and Imran have been detained for interrogation."
4. ' After finalization of the investigation interim charge-sheet was filed before the learned Special Judge Customs and Taxation Karachi. Bail application on behalf of the applicant/accused was moved before the learned trial Court which was rejected vide order dated 1-4-1998. Hence the present bail application.
5. ' Mr. Sohail Muzaffar, learned counsel for the applicant/accused contends that applicant is neither owner of the consignment, nor the importer, nor the representative of the importer. Learned counsel further contends that he even is not a clearing agent, but an agent of the clearing agent and was not engaged to clear the container as he has no licence to carry out such job. That the container was allegedly seized on National High way near K.M.C. Check post and the nearest place to search the container was the Custom Area of Post Qasim but no search was carried out there or on the spot which shows that truck was intercepted somewhere near the A.S.O. Head office where search was carried out. That admittedly no private person was made mashir in this search, applicant/accused is no more required for further investigation. Co-accused Muhammad Hussain has been granted pre-arrest bail by the learned trial Court.
6. ' Mr. Sohail Muzaffar, learned counsel for the applicant referred to (1) Manzoor and 4 others v. The Sate (PLD 1972 S.C. 81), (2) Munir Muhammad and 3 others v. The State (1976 SCM R 145) (3) Noorul and others v. The State (1976 SCM R 190) (4) Ghazi Shah and others v. The State (1983 SCM R 727) (5)
7. Arif Ali and another v. The State (1984 PCr.LJ 2418).
8. ' Mr. Mubarak Hussain Siddiqui, learned Deputy Attorney-General submits that final charge sheet has not yet been submitted, investigation is still going on and he opposes the bail application.
9. ' I have gone through the material placed with the case. Admittedly container involved in the case was intercepted at the National Highway near K.M.C. Check Post and the goods were cleared by the Customs Authorities from the-Customs Area of the Post Qasim but none from the Customs Officials have been joined as co-accused in this case. Since interim charge-sheet has been filed on 17-3-1998 under the circumstances applicant/accused is no more required for investigation purposes. Applicant/accused is neither owner of the company nor is a clearing agent.
10. ' I would like to discuss the case law referred to by the learned counsel for the applicant.
(1) (PLD 1972 S.C. 81): In this case dictum laid down by their Lordships is that bail is not to be withheld as punishment.
(2) (1976 SCM R 145): In this matter appellant was in custody for some months without any prosecution evidence having been recorded and appellant was granted bail. In this case also applicant is in custody since 17-3-1998, even then final charge sheet has not been submitted.
(3) (1976 SCM R 190): In this matter real beneficiary of smuggled goods, owner of launch, was not available and accused/petitioners were only paid servants of owner of launch were arrested and prosecuted. Keeping in view the above facts their Lordships of the Supreme Court were pleased to grant bail.
(4) (1983 SCM R 727). In this matter main accused was granted bail, co-accused being merely 'carrier', was also held to be entitled to be released on bail.
(5) (1984 PCr.LJ 2518). In this case accused was mere carrier of contraband and he was granted bail.
11. The case law referred to hereinabove is relevant to the facts of the present case which I respectfully follow. Moreover, co-accused Muhammad Hussain Usman has been granted pre- arrest bail by the Special Judge (Customs & Taxation) Karachi vide order dated 30-3-1998. Rule, of consistency, under the circumstances is also applicable in this case. For the facts, circumstances and case law, I am of the considered opinion that case of the applicant/accused requires further inquiry. Consequently, application is granted, he may be released on bail on furnishing surety in the sum of Rs.5,00,000 and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court.