' Accused Pervaiz is involved in a drug trafficking case. He was arrested by S.H.O. Police Station, Topi on Gandaf Road on 15-11-1992 at 1 p.m. On suspicion. On his personal search 1050 grams "Charas" was recovered. A case under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 was registered against the accused. He has failed to obtain his release on bail from the lower forums.
2. The learned counsel for the accused contends that the case is not covered by the prohibitory clause under section 497, Cr.P.C. That Article 4 of the Prohibition Order would be applicable to the case wherein the maximum punishment provided is five years. That no case under Article 3 of the Order is made out against his client from the facts on record. He further states that the investigation in the case is complete and the challan is ready to put in Court. That the accused has already undergone more than two months' custody and his further detention in jail waiting trial would serve no useful purpose.
3. The controversy as to which of the articles would apply in the case is yet to be resolved after recording evidence but the argument prevails that the case would not fall under the prohibitory clause even if both the Articles of the Order aforesaid are made applicable. The accused has already undergone more than two months' jail custody. The investigation in the case is complete.
His further detention in jail would serve no purpose. I would accordingly admit the accused to bail in the sum of Rs,50,000 with two local sureties each in the like amount and to the satisfaction of the Illaqa Magistrate.