ORDERMUHAMMAD NASEEM, J.- Muhammad Shafiq alias Kaka petitioner- accused is sai,d to have been surprised by Maqbool Ahmad ASI Watch and Ward P.S.Qutabpur District Multan while he was allegedly making sale of heroin at Darbar Baba Khawaja Awais Sahib. He was apprehended. 1000 grams of heroin was taken into possession from his person vide memo. FIR No. 3 dated 14.3.1993 was registered at P.S.Qutabpur District Multan under Articles 3 and 4 of the Prohibition (Enforcement of Had) Order, 1979 at the instance of Maqbool Hussain ASI. Obviously Muhammad Shafiq alias Kaka petitioner accused was arrested on 14-3-1993 whose bail applications have been dismissed by the lower courts and he has filed this petition in this Court to try his luck to be admitted to bail.
2. I have heard the learned counsel for the petitioner as well as learned counsel for the State and gone through the record before me. After hearing the arguments I am in full agreement with the learned counsel for the petitioner who canvassed before me that this petitioner is entitled to bail as of right under clause (a) of proviso 3 to sub-section (1) of section 497 Cr.P.C, as the continuous period of his detention has exceeded not only one year but two years.There is nothing on record to make out that he is a previously convicted offender or a dangerous criminal or a desperate person.
Learned State counsel could not produce any record before this Court about the registration or pendency of any other case of the instant nature against this petitioner. No doubt the petitioner is involved in a case of recovery of 1(XX) grams of heroin, but in the aforesaid circumstances the law of the land has to take its course. Hence the petitioner is held entitled to be admitted to bail.
3. For what has been said above, I accept this application and admit this petitioner to bail in the sum of Rs.25,000.00 (Rupees Twenty-i.e Thousand only) with one surety in the like amount to the