This order will dispose of Crl. Misc. 3143 B/1989 moved by Umar Hayat and Criminal Miscellaneous 3144 B/1989 moved by Asghar A.I sons of Manzoor Ahmad in a case under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979 read with section 13 of the Arms Ordinance 1965 and sections 13-14 of the Dangerous Drugs Act, 1930 as amended in 1983 vide F.I.R. No. 220/1988 Police Station Baragarh, District Sheikhupura.
2. The prosecution case is that Manzoor father of the petitioners disclosed to the raiding party that he alongwith his sons was engaged in the drug trafficking and led the raiding party to his Dera where his sons Asghar A.I, Umar Hayat petitioners and Hasan were present. From the Possession of Asghar A.I a 7 MM rifle with live bullets, two kilograms of opium, two kilograms of raw charas and two kilograms of charas were recovered, while from Umar Hayat .12 bore gun alongwith cartridges, one killogram of heroin, one kilogram of charas and two kilograms of opium were recovered on 2- 9-1988.
3. Bail is urged on the grounds that the cases are based on false allegations and politically motivated. No witness from the public was made to attest the recovery memos. The alleged offence not having been committed at a public place was not cognizable and the police could not investigate it or carry out search without obtaining search warrants from the competent authority.
Co---accused of the petitioners namely Hasan and Manzoor with similar allegations have already been admitted to bail, that the petitioners are behind the bars for more than one year without trial.
Learned counsel for the petitioners has cited a number of precedents in support of the above contentions.
4. Keeping in view the delay that has occurred ill the conclusion of trial and other circumstances narrated above I admit both the petitioners to bail it, the sum of Rs. 50,000 with two sureties in the like amount to the satisfaction of A.C., Sheikhupura.
SA./U-37/L Bail granted.