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(K.L.R. 1994 Shariat Cases 49)

BASHIR AHMED vs THE STATE

Citation(K.L.R. 1994 Shariat Cases 49)
CourtLahore High Court
Case No.Crl. Misc. No. 4525-B of 1993
Date1993-12-19
Judge(s)Falak Sher
ResultN/A

ORDER

FALAK SHER, J.- Bail was sought in the case registered vide FIR No.3 of 2.1.1993 under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 at Police Station Bhai Pheru, District Kasur, alleging recovery of 700 grams of heroin at petitioner's instance from the within mentioned shop packed in a attach case around 10.30 a.m. While on remand with the complainant-police official in the case registered vide FIR No. 541 of 1992 under section 382 PPC.

2. Contending opining of innocence by the Sub Divisional Police Officer, venue of the recovery being not public place article 4 is not attracted and with conclusion of the investigation is no more required by the investigating agency.

3. With which I am not persuaded because not only ipse dixit of the police is not binding but also the DSP's opinion being banked upon remains unsubstantiated specially when despite the query, no mala fide has been ascribed against any of the members of the police party connected with the complained of recovery which prima facie constitute sufficient ground for believing petitioner's involvement in the offence charged falling within the prohibition contemplated by section 497(1)

Cr.P.C.; renders him disentitled to the sought for concession. Conversely the interest of justice would seem to be belter served if the case is expeditiously concluded.

4. Consequently, declining bail the learned trial Court is required to finalize the proceedings by the ensuing Ist March furnishing compliance report thereof to the Registry.

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