SHAHID Vs. STATE

JUDGEMENT

(1.) On 29th Aug., 1987, the Raiding Party of the Narcotic Department Checked Dumper No. RSR 9113 at Teendhar Bux stand when this truck was coming from the side of Aklera. Eight tins containing opium were found in this truck. The total weight was about 179 Kg. Rasheed was the truck driver and there were three other persons sitting in the cabin of the truck and they were Amin, Shahid and Ram Bharose. All four of them were arrested, and they are in jail since then.

(2.) The present bail application has been moved by Shahid and his contention is that he has boarded the truck at Aklera as a passenger and he had no connection with the truck or the opium loaded in it. During the course of Trial PW 3, Jhangi Ram, Inspector of Narcotic Department has been examined and he has admitted that at the time of checking. Shahid had said that he had boarded the truck as a passenger. He has admitted that this accused also said that he was a friend of the accused persons. One more witness PW. 1, Ramdhan, a guard of Sales Tax Department has admitted that too (sic. two) of the accused had said that they boarded the truck as passengers from Aklera. He identified Shahid and Amin as these two persons but then told that he could not say whether these two persons had said that or Ram Bharose accused had told that.

(3.) The case of the petitioner Shahid is that he had told that he was a passenger in the truck and has been falsely implicated and he had no connection with the opium found in the truck.