JUDGMENTRASHID AZIZ KHAN, J-Petitioners seek bail in a case registered against them with Police Station Saddar Kamoke District Gujranwala, for an offence under sections 3/4 of Prohibition (Enforcement of Hadd) Order IV of 1979, vide FIR dated 4.10.1988. The allegation against the petitioners and their brother is that they were sitting in a car which was being driven by one Mehboob Ahmed, co-accused of the petitioners. During checking, 5 K.G. Of Charras and 2 K.G. Of heroin was found lying under the seat of the car.
2. It is contended by learned counsel for the petitioners that the petitioners are innocent and no recovery whatsoever was effected from them. Submits that the occurrence as such never took place; the police has with uIterior motive involved the petitioners, therefore, during investigation conducted by the DSP, the petitioners have been found innocent.
3. I have heard the learned counsel as well as the DSP who had conducted the investigation. The D.S.P, informed me that he had thoroughly conducted the investigaion as well as recorded the statements of many witnesses from the locality wherein all of them stated that no occurrence as alleged by the police ever took place. He further informed that according to his investigation,the petitioners were sleeping inside their house.They were called out and the recovery of heroin as well as charras was planted on them. He further informed that he had recommended action to be taken against the concerned police officers who registered the case.
In these circumstances, it becomes a case of further inquiry. Therefore, the petitioners are allowed bail in the sum of Rs.30,000/- each with two sureties each, in the like amount each to the satisfaction of Assistant Commissioner/Duty Magistrate concerned.