1. ' SHAH NAWAZ A. AWAN, J.--- S.H.O. Jamshoro Police Station was on patrolling duty on police mobile on 17-10-1995 along with his subordinate staff, A.S.I.P. Mumtaz, P.Cs. Bashir Ahmed and Babar Khand driver Roshan Ali and when they reached near Jamshoro Railway Crossing they received spy information that one person was selling Chars near L.M.C. Naka. On receipt of such information they approached the person and saw that a person who after seeing the police party tried to run away but he was arrested and apprehended by police who disclosed his name as Jawed son of Muhammad Aslam Pathan resident of Charsadda. The police party took the search of the person, arrested in presence of Mashirs namely Khan Muhammad son of Bilawal Khan who is a private person and A.S.I. Pir Mumtaz of Police Station Jamshoro and recovered one plastic bag which he was carrying in his hands and after opening the bag the police party saw that it contains small and big pieces of Chars weighing about 3 Kgs. Thereafter the S.H.O. Brought the accused and the recovered Chars at the police station and registered the F.I.R. Against the accused under Article 3/4 of the Prohibition of Hudood Ordinance. The applicant filed an application for bail before the Court of Special Judge for Narcotics at Dadu which was rejected by him vide order, dated 21-11-1995 thereafter the accused has filed application for bail before this Court.
2. ' We have heard the learned counsel for the parties and have perused the Mashirnama as well as the entire record of the police. The learned counsel contended that there is violation of section 103, Cr.P.C. As the search of the applicant was not taken in presence of the respectable persons of the locality, that the applicant is a mechanic and is a retired Army Man who is in inimical terms with the S.H.O. Of Police Station Jamshoro and as such he has been falsely implicated in this case due to such enmity. In support of his arguments he has cited various case-law on point of search. We have perused the Mashirnama of the recovery of the alleged Charas from the possession of the present applicant which shows that the accused was having a plastic bag in his hand which contained Charas weighing about 3 Kgs. This Mashirnama was prepared in presence of one private person by name Khan Muhammad son of Bilawal Khan and the other one A.S.I. Of the Police Station Jamshoro who acted as M ashirs .
3. The learned A.A.-G. Appearing on behalf of the State has opposed this bail application on the ground that the offence under which the applicant is charged with falls under the prohibitory clause of section 497, Cr.P.C. And secondly that a huge quantity of Charas weighing about 3 Kgs.
4. Was recovered from the possession of the applicant and the applicant belongs to Frontier Province and in case if concession of bail is granted to him he may abscond and further that the offence under which the applicant/accused is charged with is punishable with death or imprisonment for life therefore, he does not deserve any concession of bail. So far as the evidence on the surface of the record of this case is concerned we see that the applicant was arrested on the spot and was found in possession of huge quantity, of Charas and under the new promulgated Ordinance called "The Control of Narcotic Substances Ordinance, 1995" the punishment awarded is death or imprisonment for life therefore we do not see any ground to release the applicant on bail mostly in view of the Narcotics Substances Ordinance, 1995 which has come in force from,22nd February, 1995 and one of sections that is section 9(c) is punishable with death or imprisonment for life.
5. Therefore, the applicant is not entitled to bail such his bail application is dismissed.