ORDER RASHID AZIZ KHAN, J. -Petitioner has moved this application seeking transfer of case titled "The State Vs. Nazar Hussain" registered against him vide FIR dated 15.3.1993 with Police Station Aroti, Tehsil Kamalia, District Toba Tek Singh, for an offence under Article 3/4 of Prohibition (Enforcement of Hadood) Order, 1979, presently pending in the Court of Mian Abdul Latif, Addl: Sessions Judge, T.T. Singh, to the Court of Magistrate Section-30, T.T. Singh.
2. It was contended by learned counsel for the petitioner that the allegation against the petitioner was that he was found in possession of 18 grams of heroin, contends that there are number of judgments, according to which the herein recovered, if was less than 500 grams, then the case should be tried by a Magistrate. Relied upon 1990 Crl.L.J. 1825. Learned Assistant Advocate General appearing for the Slate conceded that there are some judgments to that effect.
3. I have heard the learned counsel at length. There are number of unreported judgments as well, wherein it was decided that if the quantity of herein recovered was less than 500 grams, then the trial shall be conducted by a Magistrate Section-30. In view of the pronouncements made by this Court, the petitioner is accepted and the case titled The "State Vs. Nazar Hussain", presently pending in the Court of Addl: Sessions Judge, T.T. Singh, is transferred to the court of Magistrate Section 30, T.T. Singh. The petition is disposed of.