1. The applicant is facing trial under Article 3/4 of Prohibition (Enforcement of Hadd) Order 1979 before the learned Ist Additional Sessions Judge, Karachi (East) on the allegation that he was found in possession of 250 grams of Heroin on 3-10-1988.
2. It was contended by Mr. Yousuf Nadeem learned counsel appearing for the applicant that the mashirs in the present case belonged to Police Department and no independent mashir was associated with the recovery. That according to the F.I.R. 10 grams of Heroin were taken out of sending to the Chemical Examiner but Chemical report shows that the packet contained 12.420 grams of Heroin. It was, therefore, contended that it was a case of further inquiry.
3. Mr. Abdul Ghafoor Mangi learned, A.A.G. Appearing for the State, has opposed the grant of bail to the applicant on the ground that the offence was punishable with imprisonment for life and the incident was a recent incident. The case has not yet proceeded and the discrepancy with regard to the weight of Heroin sent to the Chemical Examiner can be explained by the Investigating Officer.
4. I have considered the contentions of the learned counsel. The F.I.R. Shows that 250 grams of Heroin was recovered by the complainant party from the applicant. As far as the mashirs are concerned, the challan shows that one of the mashirs namely Naveed Ahmed is a person from public and therefore the contention of the learned counsel in this regard in entenable. As far as the discrepancy in the weight of Heroin was concerned, it can be explained by the Investigating Officer of the trial. The offence is punishable with imprisonment for life. Huge quantity of Heroin has been recovered from the applicant. I am of the considered view that the applicant is not entitled to bail at this stage and the application is, therefore, dismissed.
5. However, the applicant can repeat his bail application before the learned trial Judge after the complainant and one mashir are examined.
6. Issue show-cause notice to Mamrez Khan, S.H.O. Qaidabad Police Station, Karachi to appear before this Court and to explain the discrepancy as pointed out by the learned counsel appearing for the applicant. He should appear before this Court on 12-2-1989.
7. N.H.Q./M-760/K.