1. As per FIR the police party raided Street No.25, Gul Mohammad Lane, Lyri Quarters, Karachi, on 6-1- 1988 after receiving spy information that some persons wore selling herein. The raiding party consisted of H.C. Mohammad Bashir, Constable Mohammad Aslam and S.I. A.I Asghar of Police Station Chawkiwara. The party found four persons, namely, Khuda Bux, Nasir, Hussain Irani and Abdul Wahab. On personal search of Khuda Bux 4 packets of herein powder wapped in black plastic packets weighing 8 grams and 16 pieces of charas weighing 1.60 grams were recovered which were duly sealed and Khuda Bux was arrested. Rest of the three persons are stated to have managed their escape. It is nevertheless stated in the FIR. That while escaping they throw away some packets of heroin as per following details. Accused Nasir throw away one packet of heroin powder weighing 250 grams and also throw away nine pieces of charas weighing 90 grams, accused Hassan Irani throw away one packet of heroin powder weighing 140 grams and 21 pieces of charas weighing 210 grams, Abdul Wahab throw away 11 packets herein powder weighing 110 grams and 7 pieces of charas weighing 70 grams. While running away from the seen of the raid, all the accused persons must have run away in confusion and must have thrown away whatever they had immediately and it is not clear how specific quantities are attributed to each accused person.
2. This application is moved on behalf of one of the accused person, namely, Nasir s/o Yaqoob. He was arrested on 9th November, 1988 that is to say, about 3 days after the carrying out of the raid by the police party. It is argued on behalf of the applicant that no independent person was taken by the police party to act as Mashir of the arrest or recovery which it was held that under such circumstances the accused is entitled to bail. It is also stated that accused persons were not known to the police party and for that reason attribution of specific quantity to each of them becomes doubtful. Learned counsel appearing for the State does not oppose the bail under these circumstances.
3. I, therefore, grant bail to applicant Nasir s/o Yaqoob in the sum of Rs. 15,000 (Rs. Fifteen thousand only) with P.R. Bond in the like amount to the satisfaction of the trial Court.
4. N.H.Q./N-184/K