ORDERSAJJAD AHMED SIPRA, J.- The petitioner is accused of offence under Articles 3/4 of Prohibition (Enforcement of Had) Order IV of 1979 vide F.I.R. No.260/94 dated 5.7.1994 registered at Police Station Baseerpur, District Okara.
2. The learned counsel for the petitioner and the learned counsel for the State have been heard at length in respect of the contentions raised herein. The learned counsel for the State has opposed the bail petition and submitted that 80 grams of heroin was allegedly recovered from the petitioner which brings his^case within the ambit of prohibitory clause.
3. However, taking into consideration that the provisions of section 103 read with sub-section (4) of section 165 Cr.P.C, have not been complied with the search and recovery of the alleged heroin as no independent/notable aptness of the area had been associated therewith, and furthermore only 2 grams of heroin had been sent to the Chemical Examiner, and that even, positive report in respect thereof shall not bring the case of the petitioner within the prohibitory clause; and as it is also confirmed on behalf of the State that the petitioner is neither a previous convict nor a hardened criminal and is no longer required by the police and has been behind the bars almost for the last seven months, therefore it is hereby held that the case of the petitioner is covered under sub-section (2) of section 497 Cr.P.C. Consequently he is allowed bail in the sum of RsJ30,000/- with two sureties, each in the like amount, to the satisfaction of A.C.Duty Magistrate, Depalpur, District Okara.
4. Copy dasti on usual charges.