' Bail is being sought by the petitioner in case F.I.R. No 205, dated 1-8-1992, P.S. Saddar Gujrat, under Articles 3/4 of Prohibition (Enforcement of Hadd) Order, 1979.
' According to F.I.R. on receipt of information that the petitioner, was selling heroin, the raiding party consisting of police and the Excise Officials reached the appointed place. On seeing them, the petitioner started running. The raiding party chased him. During the pursuit, petitioner threw the black colour shopper on the grass and succeeded escaping arrest. The raiding party picked up the shopper and found 72 small packets of heroin in the shopper. They weighed 45 grams. Five grams out of that was sent to the office of the Chemical Examiner.
' The petitioner was arrested eight days thereafter and sent to jail. Challan has been submitted against him to the Court.
2. Bail is being by the petitioner on the grounds, that the recovery was not effected from his person; that the alleged recovery was not attested by anyone from the public; that the specimen was not sent to the office of the Chemical Examiner till three days and the result was received from there after 15 days; that he was not put to identification parade; that actually he was involved in this case due to political reasons at the instance of his opponents; that he had produced witnesses in defence during investigation that he was a perfect gentleman; and that in spite of a period of about seven months having passed, there is no progress in the trial.
3. Learned counsel for the State opposed the grant of bail and contended that as the petitioner was named in the F.I.R., there was no need to hold identification parade. He stated that there is nothing to consider that he was involved falsely in this case.
4. Since the petitioner was named in the F.I.R. there was neither any necessity nor requirement for holding identification prade. The very fact that employees of two departments, attested the collection of the heroin from the spot and witnessed the petitioner running from the spot throwing the heroin, is enough to hold that there was no political force behind, because it is impossible to believe that the employees of the two department will join hands to challan a person falsely. The fact that the heroin thrown by the petitioner was found in 72 packets shows that it was meant for sale. Had that not been for sale, it would not have been kept in small packets? The witnesses who appeared for him during investigation and who submitted affidavits later, were not believed by the I.O. There is nothing to hold that he has been falsely involved in this case. He is already facing trial in another case of a similar nature. Keeping, in view the nature of the offence, I am not inclined to allow bail to the petitioner. The petition is, therefore, dismissed.