1. Apparently the petitioner's case is covered by the first part of Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 punishable with imprisonment upto two years or whipping and fine since there have been recovered 8 grams of heroin from the front pocket of his shirt and 1,000 grams of Charas from his house. As and when there is prescribed a punishment in imprisonment or whipping or fine and the offence is not covered by the Prohibitory Clause contained in subsection
(1) of section 497, Cr.P.C. The Court shall ordinarily grant bail to the accused person because if - after the trial, he is only sentenced to fine or whipping and not to imprisonment, the period of his under-trial imprisonment shall be an extra punishment for him. This Court accordingly grants bail to the accused-petitioner on furnishing bonds in the sum of Rs.10,000 with two sureties each to the satisfaction of Illaqa Magistrate.