' Leave granted in this case against the judgment of the Peshawar High Court, Peshawar, dated 7- 4-1993; whereby the appellant's prayer for grant of bail in an offence under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979, was dismissed.
2. The accused/appellant was apprehended with 5 kilogram of Opium and his bail application having been rejected by the lower Court he approached the High Court. The learned Judge in the Chamber dismissed the appellant's petition in his view that the offence under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 is punishable with imprisonment for life. It was contended by the learned counsel that it was the possession of "Raw Opium" which is punishable with imprisonment for life and not opium as held in Noor Hussain v. The State (PLD 1992 F.S.C. 497). It was further contended that appellant was arrested with the Opium on 24-1-1993 but so far he has not been put on trial.
3. The learned Addl. Advocate-General, however, argued that Article 4 of the Order has been amended by Ordinance 24 of 1993 dated 26-9-1993 whereby the word "Raw" has been omitted and now possession of opium exceeding one kilogram is punishable with imprisonment for life. It was further argued that challan against the accused/appellant has now been submitted and P.Ws.
Have been summoned for the date fixed in the case.
4. The learned counsel for the appellant, however, argued that the amendment is not retrospective to make it applicable to the present case.
5. We find force in the contentions of the learned counsel for the appellant. Accordingly, the appeal is accepted and the appellant is allowed bail in the sum of Rs,50,000 with three sureties in the like amount from the men of means and from the settled area to the satisfaction of the trial Court.