' On 17-5-1989 a case under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979 was registered at Police Station Garjakh, Gujranwala against Ashfaq alias Ishaq alias Ishaqa Jatti Wala.
2. It was alleged that Ashfaq accused, petitioner herein, was arrested in a criminal case and during interrogation he disclosed that he was a drug trafficker and that he had a stock of heroin with him.
Thereafter, he led to the recovery of one kilogram of heroin, wrapped in an envelope, from a safe/almirah of his residential house. Heroin weighing two grams was taken out from the said envelope as sample and sent to the Chemical Examiner for analysis. The report of the Chemical Examiner is positive.
2. The petitioner has applied for his bail.
3. I have heard the parties' counsel and have gone through the record.
4. Admittedly the petitioner was found in possession of intoxicant in question in his house, which cannot be said to be a public place. The offence, if any, committed by the petitioner would thus be non-cognizable and bailable by virtue of Article 15 of the Prohibition Order, 1979. Reliance in this regard is placed on Mst. Zar Bano v. State 1989 SCM R 202 and Muhammad Bashir alias Doba v. The State PLD 1988 Lah.
574.
5. According to record two grams of heroin was sealed into a parcel as a sample on 17-5-1989. The parcel is stated to have been despatched to the office of the Chemical Examiner on 4-6-1989.
However, the parcel was received in the said office on 6-6-1989 which contained only one gram of heroin instead of two grams. There is no explanation of this discrepancy.
6. In view of what has been stated above, the petitioner is entitled to bail and is admitted to bail in the sum of Rs, 30,000 with one surety in the like amount to the satisfaction of A.C/Duty Magistrate, Gujranwala.