1. It is alleged that on 27-6-1990 at 1-15 p.m., Imdad All Mughal, Assistant E.T.O. After obtaining search- warrant from the authorised official, searched the house of accused Zafar Ali and recovered 525 grams of heroin from his person and from under the bed on which he was sitting. Out of this quantity, 25 grams of heroin powder was taken out and sent to the Chemical Analyser. The report of Chemical Analyser is in the positive. There is, however, discrepancy in the weight A of the powder i.e, instead of 25 grams, the Chemical Examiner has mentioned that its weight is 27.230 grams. Mr. Azizur Rehman has pressed the bail application on the ground that in a similar case of recovery of 225 grams which is unreported namely Lutuf Ali. v. State Criminal Bail Application No,674 of 1989 my learned brother Mr. Justice Salahuddin had granted bail to an accused on the ground of inconsistency of weight of sample and, therefore, consistency requires that the applicant also be released on bail.
2. The contention of Mr. Azizur Rehman is not acceptable. The case referred to by him is distinguishable from the present case, in that, the material therein was sent to the Chemical Analyser after 4 months of arrest of the accused, whereas, in this case, it was sent only after 3 days of his arrest. Besides, the Mashirs in that case were police officials while in this case they are private persons. Hence, the inconsistency in the weight was not the only factor or material factor, which weighed with my learned brother. The inconsistency in the weight is not so material, because possibility of defect in any of the two weight scales cannot be ruled out. Apart from that the weight can also increase and decrease, due to absence or presence of moisture. I, therefore, do not find any merit in this bail application.
3. The offence of trafficking in heroin is a most heinous offence and requires to be dealt with an iron hand. Hence, I dismiss the bail application. .