' Abdul Razzaq petitioner being accused in case F.I.R. No,213 of 1994, dated 13-11-1994 under section 3/4 Prohibition (Enforcement of Hadd) Order, 1979 and 14-2-30 D.D. Act with Police Station Mustafa Abad has moved this application for the grant of bail after refusal of the same by the learned Additional Sessions Judge, Lahore vide order, dated 30-1-1995.
2. The allegations against the petitioner as narrated in the F.I.R. Are that on 13-11-1994 on the basis of secret information, a raiding party headed by Muhammad Attique S.I. Was constituted, who at 8- 00 p.m. In Infantory Chowk, Allama Iqbal Road, Lahore, found the petitioner transporting 7 Kg.
Charas. The petitioner succeeded to abscond.
3. Learned counsel for the petitioner contends that provisions of section 103, Cr.P.C. Have been violated and no person from the locality has been cited as recovery witness. Further, that the petitioner is in the lock-up and as no recovery has to be effected, no useful purpose would be served in keeping him behind the bar.
4. On the other hand, learned State counsel opposed the grant of bail and supported the order passed by the learned Additional Sessions Judge.
5. I have heard the arguments advanced by the learned counsel for the parties and have perused the record.
6. The petitioner is specifically named in the F.I.R. Transporting a huge quantity of 7 Kg. Charas.
Learned counsel for the petitioner was unable to point out any malice on the part of police to falsely implicate him in such a heinous offence. It may April 7 be observed that grant of bail to such an accused amounts to give him the premises his acts. Such a tendency has to be curbed with an iron hand. I am, therefore, not to exercise, my discretion in favour of the petitioner who is accused of carrying the raise but the result thereof would be to spoil the whole nation. Accordingly, this petition stands dismissed.