' MUHAMMAD RAZA KHAN, J.---Petitioner, Akram seeks his release on bail in case F.I.R. No.235 dated 7-5-2005, Police Station, City D.I.Khan registered against him on account of recovery of 15 kilograms 'Mang' from his residence on 7-5-2005 by the raiding party.
2. Arguments heard and record perused.
3. The F.I.R. Contains the details that the spy information was to the effect that the petitioner was busy in selling the narcotics in his home and so, a raid was conducted where the petitioner was not found but from the house search, the said quantity of Thang' was recovered. The raid was allegedly conducted at 2200 hours without any search warrant and the petitioner was not found in the house. He has been charged under Article 3 of Prohibition (Enforcement of Hadd) Order, 1979 which has a maximum punishment of five years. The house from where the recovery is made is inhabited by others as well and therefore, the recovery, in the absence of the petitioner, cannot be deemed to have been made from his possession. He is not a previous convict and was a PTC teacher in the Education Department.
4. Without prejudice to the result of the case after trial, tentatively it appears that he has been involved for some other motives and the recovery was not made from his possession. The maximum punishment does not fall within the prohibitory clause, therefore, in view of all these factors, this petition is allowed and the petitioner be released on bail on furnishing bail bonds in the sum of Rs.2,00,000 (Rupees two lacs) with two sureties each in the like amount to the satisfaction of Illaqa/Duty Judicial Magistrate.