1. The petitioner has applied for post-arrest bail, in a case registered vide F.I.R. No.163 dated 22-8-1991 under section 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 at Police Station Waan Bachran, District Mianwali.
2. Facts in brief for the disposal of this bail application are that the petitioner while travelling in a flying coach was apprehended by the police raiding party due to suspicious behaviour on 22-8- 1991 at 10-00 a.m. And opium weighing 20 grams was recovered on his personal search. In consequence thereto he was taken into custody and F.I.R. No.162 was registered at the instance of Shah Nawaz A.S.I. At Police Station Waan Bachran under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979.
3. The prosecution case is that subsequent to his arrest in the aforesaid case the petitioner's personal search was conducted for the second time while under apprehension and consequent thereto heroin' weighing 14 grams was recovered from his possession. The aforesaid F.I.R. No.163 in which the petitioner has sought bail was registered against him.
4. I have noticed that subsequent recovery has been effected from the petitioner in the second round of his personal search by the prosecution after more than 1-1/4 hours of his arrest in the earlier case. This by itself creates A doubt in the authenticity of the prosecution version. Once the petitioner was thoroughly searched and put in police custody, there appears rio justification to have the second round of recovery, as effected in the present case. I do not want to dilate further upon this issue as it may have some effect on the challan which is pending adjudication.
5. Keeping in view the period of incarceration and the manner in which the second recovery was effected, I am inclined to admit the petitioner to bail provided he furnishes bail-bond in the sum of Rs.20,000 (Rupees twenty thousand) with two sureties each in the like amount to the satisfaction of A.C./Duty Magistrate, Mianwali.
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