The petitioner prays for bail in a case registered against him under section 3/4 of Prohibition (Enforcement of Hadd) Order, 1979, with Police Station `B' Division, Gujrat, on 7-7-1988. The allegation against the petitioner is that the petitioner was apprehended under Gambling Act and during his search 15 grams of heroin was found in his pocket. In pursuance of the raid a separate case under the above-noted section was registered.
It is contended or learned counsel for the petitioner that the case against the petitioner is absolutely false. Submits that he is in jail for the last more than seven months without there being and progress in the case. Contends that there is neither any allegation nor evidence that the petitioner was selling or had the intention to sell the said heroin
2. I have heard learned counsel and perused the file. During investigation the petitioner is alleged to have admitted that he used to smoke and sell heroin. I don't think this admission of the petitioner before the police can be of any help to the prosecution because it was made when he was in custody. The investigation is complete and the petitioner is not required for the said purpose and more. In these circumstances, the petitioner is allowed bail in the sum of Rs.5.000 with two sureties, each in the like amount to the satisfaction of Assistant Commissioner /Duty Magistrate, Gujrat. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.