' While on Gasht of the area in the company of his subordinates Farman Ali, A.S.I., Police Station Kassowal received a secret information that Siddique alias Saddi petitioner-accused was making sale of heroin at Adda 6/14-L. The police party reached at the said Adda. Siddique alias Saddi made the effort to make good his escape which remained futile as he was apprehended. From the right flank pocket of the petitioner 15 grams of heroin was taken into possession vide memo.
Attested by Muhammad Iqbal, Constable and Ghulam Nabi, Head Constable. Farman Ali, A.S.I. Got recorded F.I.R. No,123, dated 23-4-1994 under Article 3/4 of the Prohibition (Enforcement of Hadd)
Order, 1979. The bail plea of this petitioner has been rejected by the lower Courts. Hence this petition with the same desire.
2. I have heard the learned counsel for the petitioner as well as learned State counsel and gone through the record before me. Learned counsel for the petitioner has laid the emphasis about the violation of section 103, Cr.P.C. By the police as no person from the area was joined when the alleged recovery of 15 grams of heroin was effected. The Police Officer may be a good witness.
However, his veracity shall have to be determined through the weapon of cross-examination during the trial. There is nothing in the F.I.R. To make out that any effort was made to join any person from the public at the time of the alleged recovery. The only fact mentioned by the learned State counsel that an offence under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 falls within the prohibitory clause is nothing enough to make me withhold the concession of bail.
Article 3 of the Prohibition (Enforcement of Hadd) Order, 1979 is not applicable as admittedly the heroin was not sold by the petitioner to the raiding party.
3. Finding it to be a fit case I accept this application and admit Siddique alias Saddi petitioner- accused to bail in the sum of Rs,15,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Chichawatni, District Sahiwal with the direction to appear before the learned trial Court failing which he shall be liable to face the legal consequences.