1. ' On 11-4-1989 a police party headed by Fazal Qadir Sub-Inspector Crime Branch, Karachi was on duty in Shah Faisal Colony when spy information was received by them that two persons were selling heroin in Data Hotel. The police party therefore, went in the direction of Data Hotel when the spy pointed out to two persons sitting in that hotel. As police went near them one of them threw a plastic bag containing 40 grams of heroin and escaped. His name was subsequently found out to be Muhammad Hussain son of Faqir Gui. The other person Zamir Khan son of Behram Khan was arrested by them. On his search a plastic bag containing 40 grams of heroin, an amount of Rs,145 and a diary were secured from his possession. Zamir Khan led the police to a godown where certain chemicals brought from Bajour were stocked. 160 bags of chemicals were seized which contained heroin packed in 1 Kg. Packets. Nine such packets were secured. The police after usual investigation sent up the applicant to stand trial under Article 3/4 Prohibition (Enforcement of Hadd) Order, 1979.
2. ' The applicant moved an application for grant of bail in the Court of IIIrd Additional Sessions Judge, Karachi which has been rejected by order passed on 27th May, 1989.
3. ' Mr. Liaqat Ali Shaikh, Advocate appearing for the applicant has pressed this application on the following two grounds;
(1) That heroin allegedly secured from the applicant and thrown by the co-accused according to the facts stated in the First Information Report was not separately seized and samples withdrawn from these two packets were also not sealed separately.
(2) That 9 Kgs. Of heroin according to the case of the prosecution were secured from a godown which is not a public place.
4. In support of his contentions he has relied on cases reported as 1987 P Cr. L J 1409, PLD 1988 Lah.
5. 574 and 1984 SCMR 1480.
6. ' Mr. K.M. Nadim, Assistant Advocate-General, Sindh has opposed the grant of bail to the applicant.
7. According to him he was caught red-handed being in possession of 40 grams of heroin and he further led the police wherefrom 9 Kgs. Of heroin were secured. He has relied on a case reported in PLD 1962 Kar. 288 to show that in the circumstances of the present case it can safely be said that the present applicant was in fact in possession of 9 Kgs. Of heroin because he had exclusive knowledge of its storage.
8. From the facts stated in the First Information Report it transpires that the co-accused Muhammad Hussain had brought 9 Kgs. Of heroin hidden in the consignment of certain chemicals and kept it in a godown in Hina Palace. The information regarding storage of such a stock was strictly confided in him to enable him to deal with it. Under such circumstances the applicant can safely be said to be in possession of such stock in view of the guidelines provided by the reported case mentioned herein above subject always to the explanation to be offered in defence.
9. ' In view of above facts I do not consider this to be a case where the discretion of granting bail can be exercised in favour of the present applicant. I accordingly reject the bail application.