' While hearing Criminal Miscellaneous No,5604/B of 1992, filed by Muhammad Ashraf Bhatti, it transpired that Mst. Bilquees wife and Muhammad Aslam son of said Muhammad Ashraf Bhatti were allowed bail by the learned trial Magistrate. Accordingly vide order, dated 10-1-1993, I issued suo motu notice to them to show cause why their bail should not be cancelled.
2. Respondent Muhammad Aslam is present alongwith his counsel Mr. Abdul Karim Sahoota, Advocate, whereas Mst. Bilquees who is in jail is represented by Ch. Muhammad Akram, Advocate.
3. As per F.I.R. No,240, dated 16-5-1992, registered at Police Station Ravi Road, Lahore, as a result of raid, 1,500 grams of heroin and Rs,5,000 were recovered from Mst. Bilquees whereas 50 grams of heroin was recovered from Muhammad Aslam.
4. Learned counsel for Muhammad Aslam respondent submitted that he was allowed bail on three grounds; viz. (a) that the police did not associate any public witness while making the recovery from him; (b) that he is minor; and (c) that certain persons of the locality have sworn affidavits showing his innocence. In addition to that; learned counsel submitted that Abbas Ali Shah, A.S.I., who attested the recovery at the instance of Muhammad Aslam, while appearing in the Court has not mentioned his name and that the case is fixed for evidence on 21-2-1993. He, therefore, contended that bail granted to the respondent should not be cancelled, as he is likely to produce in his defence.
5. Learned Law Officer assisted by the Police Officer has supported the notice on the ground that mere minority is no ground for releasing an accused to bail who is involved in pushing narcotics (heroin) and filing of affidavits amounts to tampering with the evidence.
6. After hearing the learned counsel and perusing the record, I find that the bail granting order of the trial Court to Muhammad Aslam has been further strengthened by the evidence of Abbas Ali Shah, A.S.I., who has nominated one Khadim Hussain instead of Muhammad Aslam. In the circumstances, no case for cancellation of bail of Muhammad Aslam is made out. Notice issued to him is hereby recalled.
7. With regard to Mst. Bilquees, her learned counsel contended that she was granted bail on two grounds:--
(1) that she is a lady; and
(2) that she is suffering from hypertension of heart.
' Learned counsel also argued that no public witness was associated by the police while making the recovery and that the bail granting order is not perverse or unreasonable.
8. The learned Law Officer has informed me that after her release on bail, Mst. Bilquees repeated the same offence and was involved in case F.I.R. No,667, dated 22-12-1992 of Police Station Ravi Road, Lahore, as 118 grams of heroin was recovered from her. As she has misused the concession of bail, she is not entitled to bail.
9. After hearing the learned counsel and perusing the record, I find substantial force in the submission of the learned Law Officer that as Mst. Bilquees has misused the concession of the bail, she is not entitled to bail and that mere non-association of public witnesses in the raid is no ground to release her on bail. Accordingly, I set aside the order, dated 6-8-1992 of the learned trial Court whereby Mst. Bilquees was granted bail. She is already in jail and Jail authorities should be informed accordingly.
10. The trial Court is, however, directed to expedite the trial. The Jail authorities are also directed to provide necessary medical treatment facilities to the respondent.