' This is an application for bail made on behalf of applicant Gul Saeed, who is detained in Crime No,359 of 1992, Quaidabad Police Station under Article 3/4 of the Prohibition (Enforcement of Hadd)
Order, 1979. The bail application made on his behalf was rejected earlier by Mrs. Fahmeeda Qadeer, IVth Additional Sessions Judge (East) Karachi, vide order dated 29-11-1992.
2. I have heard Mr. M.S. Khattak, learned counsel for applicant and Mr. Abdul Hakeem H. Bijarani, learned A.A.-G. For State. The latter has raised no objection to the grant of bail to applicant by stating that the powder of heroin alleged to have been recovered from the possession of the present applicant was not sealed on the spot, which fact is confirmed from letter No,S.H.O./QOR/5100, dated 25-12-1992, sent by S.H.O. Quaidabad Police Station to him.
3. Admittedly the powder of heroin alleged to have been recovered from the possession of the applicant was not sealed on the spot and it is not sealed even now. There is therefore, no satisfactory evidence on record to show that the powder of heroin, which is presently in possession of the Quaidabad police, is the same which was allegedly recovered from the possession of the present applicant. The factum of recovery of powder of heroin from the possession of the applicant therefore, needs further inquiry within the meanings of subsection (2) of section 497, Cr.P.C.
Accordingly, I am of the view that the applicant is entitled to the grant of bail.
' Bail is, therefore, allowed to him in the sum of Rs,50,000 (Rupees fifty thousand) with P.R. Bond in the like amount to the satisfaction of the trial Court.