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2004 YLR 2425

SULTAN AHMAD vs THE STATE

Citation2004 YLR 2425
CourtLahore High Court
Case No.Cr1. Misc. No.351/B of 2004
Date2004-02-10
Judge(s)M. Bilal Khan, Sh. Abdul Rashid
ResultBail granted

ORDER

' The petitioner Sultan Ahmad seeks his bail after arrest in case F.I.R. No.291, dated 20-10-2003 under section 9-B, C.N.S.A. Registered at Police Station City Jhnag.

2. According to the prosecution allegation on 20-10-2003 at about 3-00 p.m. Babar Nawaz, S.- I./S.H.O. Police Station City Jhang was on patrol duty when he accosted the petitioner who appeared to him a suspicious person and on seeing the policy party the petitioner attempted to escape but was apprehended. On his personal search 900 grams of Charas was recovered and out of its contents 10 grams were separated for chemical analysis. The Charas was recovered vide recovery memo. Which was attested by the two police officials and thereafter S.-I./S.H.O. Sent the complaint to the police station for registration of F.I.R.

2. It is contended on behalf of the petitioner that a false case has been made out against him; that no person from the public has been joined in the investigation and uptill now there is no material on the record to show that the contents allegedly recovered from the petitioner were narcotics.

3. We have gone through the file. The recovery memo. The complaint and statements of the witnesses and the entire police Ziminis are stated to have been recorded by S.-I./S.H.O. In his own hand but their perusal indicates that they have been recorded by some one else and the S.- I./S.H.O. Has only signed them. It is not apparent from the record as to who had scribed all the investigational documents and he had also not been cited as a witness. This circumstance, prima facie, makes the recovery memo. Which is the main plank of the prosecution case a dubious document which makes the case of the petitioner a matter of further enquiry. Therefore, the petitioner is admitted to bail in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of the trial Court.

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