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1995 P Cr. L J 1047

ZIA MUHAMMAD SHAH vs THE STATE

Citation1995 P Cr. L J 1047
CourtLahore High Court
Case No.Criminal Miscellaneous No,3893/B of 1994
Date1994-10-10
Judge(s)Muhammad Zubair
ResultPetition is dismissed

' The petitioner, who is involved in a case under Article 3/4 of Prohibition (Enforcement of Hadd)

Order 1979, arising out of F.I.R. No,359/94, dated 10-5-1994 registered at Police station, Nawankot, Lahore seeks to be admitted to bail.

2. As per F.I.R., the allegation against the petitioner is that the petitioner alongwith co-accused was found in unlawful possession of heroin weighing one kilogram from the plastic bags.

3. Learned counsel for the petitioner contended that the petitioner was a driver and has been roped in falsely in this case due to enmity with the local police. Placing reliance on F.I.R. No,361/94, dated 10-5-1994 at Police Station Nawankot submitted that the police has planted the alleged one kilogram heroin on the petitioner, hence the case against the petitioner is one of further inquiry and he is entitled to the grant of bail.

4. Learned counsel for the State assisted by the Police Officer submitted that the petitioner is involved in a case which falls within the prohibitory clause and the recovery was effected in accordance with law. The contention of the learned counsel that he has been involved on account of rift between the petitioner and the police officials, is not well-founded.

5. I have heard the learned counsel for the parties and have perused the record.

Admittedly, one kilogram of heroin was recovered from the petitioner which cannot be easily planted by the police unless there is exceptional enmity between the police and the petitioner.

There is no material on the record to justify this assertion of the petitioner that the police is inimical; hence no ground is made out for the grant of bail in a case which falls within the prohibitory clause as a huge quantity of heroin was recovered from the petitioner, the petition is dismissed.

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