The petitioner who is involved in a case under Article 3/4 of Prohibition (Enforcement of Hadd)
Order, 1979 arising out of F.I.R. 335, dated 7-11-1990, registered at Police Station Sadar, Jalalpur Jattan, District Gujrat, seeks to be admitted to bail.
2. Briefly the prosecution case as disclosed in the F.I.R. Is that the police went to arrest one Muhammad Riaz proclaimed offender to village Hafiz Hayat but instead of him they found the petitioner in possession of 15 grams of heroin and arrested him.
3. The learned counsel for the petitioner vehemently contends that there is no public witness of the recovery of the alleged heroin and so many persons appeared in the defence of the petitioner that he does not deal in narcotics. The learned counsel further vehemently contended that the heroin, which was allegedly recovered from the petitioner on 7-11-1990 was not sent to the Chemical Examiner till 16th of February, 1991 and this inordinate delay in sending the heroin has not been properly explained, rather the heroin was sent after the interim order passed by this Court on 6-2- 1991. On the basis of these circumstances the learned counsel submits that the case against the petitioner is one of further inquiry and he is entitled to the grant of bail.
4. The learned counsel for the State has submitted that the petitioner is involved in a case of 15 grams of heroin, which falls within the prohibitory clause, hence he is not entitled to bail. He has submitted that the police official has no enmity against the petitioner, hence they had no motive to involve the petitioner in this crime falsely.
5. After hearing the learned counsel for the parties and perusing the record I find substantial force in the submissions of the learned counsel for the petitioner that in the absence of any independent public witness the case against the petitioner is one of further inquiry as it would be determined after the recording of some evidence whether heroin was allegedly recovered from the petitioner or not. Over and above this, the alleged heroin was sent to the Chemical Examiner on 16-2-1991 though recovered on 7-11-1990, that too under the order of this Court, hence at present no explicit reliance can be placed on the positive report given by the Chemical Examiner. In addition to that the manner in which the heroin was sent to the Chemical Examiner is open to serious objection, hence I find that the case against the petitioner is one of further inquiry and the petitioner is admitted to bail in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the A.C., Gujrat.