The petitioner, who is involved in a case under section 3/4 of the Prohibition (Enforcement of Hadd)
Order, 1979, arising out of F.I.R. No.14/9 dated 17-1-1989 registered at Police Station City Golra seeks to be released on bail.
2. The occurrence took place on 17-1-1989, at 4.15 P.M. According to the F.I.R. It was alleged that the petitioner after leaving a plastic bag containing 250 grams of heroin on the spot fled away, which was allegedly taken into possession by the polipe.
3. Learned counsel for the petitioner contends that the alleged plastic bag containing 250 grams of heroin was not recovered from the possession of the petitioner as his house was raided by Muhammad Khan S.I. Alongwith some her police officials. 'there is a background of enmity between the petitioner and the local police.
4. Learned counsel further submitted that the petitioner is behind the bars but no progress has been shown ` in the case as the trial Court has not even recorded evidence of a single witness.
5. Learned counsel also states that no public witness attested the recovery memo prepared with respect to the alleged recovery of heroin from the house of the petitioner.
6. Learned counsel for the State has candidly admitted that the recovery memo does not bear the signature of any public witness and the trial has not commenced so far.
7. In view of above-mentioned circumstances, the case of the petitioner is of further inquiry and I find that a case for bail is made out, hence he is admitted to bail in the .Sum of Rs. 50,000/- (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate, Toba Tek Singh.
8.Copy dasti.