JUDGMENT 1. - On 29th August, 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. 4. The case diary was called for but the same has not been received inspite of time allowed to the learned public prosecutor. In the case of this type it was considered necessary to find out the back ground of the accused but no assistance has been rendered by either party. In case of this nature, it becomes the duty of the Investigating Agency to (sic.) find out about the background of the accused because that would lead them to other persons who could be dealing in opium or other drugs and at the same time would assist in assessing whether the contention of any of the accused that they were merely passengers in the truck was correct. However all this material it absent in the case. 5. The petitioner in this case has claimed to be an agriculturist. He has been in custody for 29 months. He has (sic. not) been able to produce the papers about his land nor verified the stand taken by him. Considering the nature of the case and the material, which has been produced on record so far, the petitioner can be released on bail but on certain conditions. 6. It is, therefore, ordered that the accused petitioner Shahid be released on bail if not required in other case provided he furnishes a personal bond in the sum of Rs. 10,000/- (Rs. ten thousand only) with two sureties in the sum of Rs. 5,000/- each to the satisfaction of the trial court with the stipulation to appear in that court during the course of trial on the further conditions : (a) that the petitioner shall produce the Patta, and Khasra Girdawari of his agricultural land at the time of verification of bail bonds; (b) that the sureties shall be persons having immovable property besides agricultural lands within the jurisdiction of the trial court; (c) that the petitioner shall furnish his complete address before the trial court which should be get verified through the police and; (d) that the petitioner shall not keep any opium or other drugs in his possession. 7. If any of the terms of this order is violated the petitioner shall be taken into custody.Bail Granted. *******