Javed petitioner is accused of offences under Article 3/4 of the Prohibition (Enforcement of Hadd)
Order, 1979, vide F.I.R. No.314, dated 24-7-1990 registered at Police Station Kotwali, District Jhang.
According to the F.I.R., in brief, on getting suspicious the complainant police officer caught hold of the petitioner and, it is further alleged, that on his personal search recovered 50 grams of heroin, out of which 10 grams were sent to the Chemical Examiner for his report.
2. The learned counsel has contended for the bail of the petitioner and submitted that there are no independent witnesses of the alleged search and recovery of the heroin and as such it is in violation of the provisions of section 103, Cr.P.C. Read with provisions of subsection (4) of section 165, Cr.P.C. It is further submitted that only 10 grams of herein alleged to have been recovered have been sent to the Chemical Examiner, therefore, even a positive report in respect thereof will not bring the case within the prohibitory clause. He further submitted that the petitioner is confined in the Children Ward of the District Jail, Jhang, being a minor and as such his case is covered under the first proviso to subsection (1) of section 497, Cr.P.C. It is also submitted that he has been in jail for the last more than eight months and that he is neither a previous convict nor a hardened criminal.
The learned State counsel has opposed the present petition for bail but conceded that the petitioner is a minor.
3. In view of what has been stated above, as the petitioner is a minor, therefore, his case is covered by the first proviso to subsection (1) of section 497, Cr.P.C. And further accepting the contentions raised on his behalf, the petitioner is hereby allowed bail in the sum of Rs.30,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Jhang.