Petitioner seeks bail in a case registered vide FIR No, 439 dated 22.12.2003 under Sections 6/9 of the CNSA at Police Station Batapur, Lahore. The prosecution story is that on a source report to the effect that at the bus stand a huge quantity of Tosst' is likely to arrive, a raid was conducted and the police party found petitioner de-boarding a bus carrying a bag. He was arrested and when the bag was opened it contained Tosst' weighing 50-kilo grams.
2. Learned counsel for the petitioner seeks bail on the grounds that the petitioner is between 13/14 years .of age, that a body of this age is even otherwise incapable of carrying a bag weighing 50- kilo grams, that the case has been registered for malafide reason and that petitioner is not involved in any other criminal case. Learned counsel for the State opposes the petition by submitting that the offence alleged is serious in nature and that no case for bail is made out. He, however, does not deny that the petitioner is about 14 years of age.
3. Heard.
4. As per the prosecution the afore-referred bag was recovered from the petitioner, who in his statement recorded before the police allegedly admitted to have carried the bag at the asking of his father to be delivered it to one Muhammad Shafique. It is conceded before this Court by the learned State counsel that neither petitioner's father nor the afore-referred Muhammad Shafique were made to joint the investigation. Prima facie it is repellent to common sense a minor of petitioner's age and physique could carry such a heavy bag. The non-association of petitioner's father and the person to whom the bag was to be delivered makes the question of petitioner's guilt a matter of further inquiry. In the afore-referred circumstances this petition is allowed and subject to furnishing bail bonds in the sum of Rs, 50,000/- (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court, he shall be released on bail.