' Nisar Ahmad A.S.I., C.I.A. Staff Haram Gate, Multan was on 'Gasht' of the area in the company of Muhammad Nawaz, Constable, Qamar Abbas, Constable, Muhammad Ashraf, Constable and Nisar Ahmad, Constable. He was present in Shaheen Market, Multan. A person came from the side of Chowk Shaheedan who wanted to return in a suspicious manner. He was overpowered who was none else than Muhammad Abdullah petitioner. His person was searched. 115 grams of heroin wrapped in a paper was taken into possession vide memo. Attested by Qamar Abbas and Muhammad Ashraf Constables. One gram of heroin was sealed in a parcel while the remaining was sealed in another parcel. The complaint was sent to the S.H.O., Police Station Haram Gate, Multan where the formal F.I.R. No,301, dated 30-11-1994 was registered under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 at 7-40 p.m. Muhammad Abdullah petitioner was arrested on 30-11-1994. His bail has been rejected by the lower Court. Hence this petition with the same desire.
2. I have heard the learned counsel for the petitioner as well as the learned State Counsel and gone through the record before me. This petitioner was arrested on 30-11-1994 while today is 6-12-1995. It means that the continuous period of detention of this petitioner has exceeded one year and under proviso 3 to subsection (1) of section 497, Cr.P.C. He is entitled to be admitted to bail especially when nothing has been produced before this Court to make out the registration or pendency of any other case of the instant nature. The recovery memo. Is attested by two police constables. No doubt the Police Officers are respectable persons but without the rise of weapon of cross- examination their statements recorded under section 161, Cr.P.C. Cannot be termed as sacrosanct.
Article 3 of the Prohibition (Enforcement of Hadd) Order, 1979 is not attracted to the instant matter as it is an alleged case of keeping in possession of 115 grams of heroin. In the circumstances I am inclined to admit this petitioner to bail.
3. For what has been said above, I accept this application and admit Muhammad Abdullah petitioner to bail in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the -like amount to the satisfaction of Ch. Muhammad Siddique, Civil Judge 1st Class/Magistrate Section 30, Cr.P.C., Multan with the direction to appear before him on every date of hearing failing which he may cancel his bail.
' Copy Dasti subject to payment of usual charges. Special Note for District Magistrate, Multan
4. In view of the incorporation of proviso 2 to section 516-A, Cr.P.C. Added by Criminal Law (Amendment) Act, 1993 narcotics excluding the samples procured and sealed during the recovery proceedings are to be destructed. The wisdom behind the incorporation of the said proviso to section 516-A, Cr.P.C. Is that there were certain complaints that the narcotics including heroin etc. Are misplaced/pilfered from the Malkhanas of the police stations and the same were used. The District Magistrate, Multan is directed to get the information from all the S.H.Os. Of Police Stations of District Multan through the Senior Superintendent of Police, Multan, the particular(s) of the quantity of heroin/opium etc. Taken into possession in each case who shall supervise the destruction of the same to be made within a period of thirty days from the receipt of the copy of this order under intimation to the Additional Registrar of this Court. He shall not let any narcotic remain with the police keeping in view the proviso 2 to section 516-A, Cr.P.C. He shall also give wild publicity to the said destruction of narcotics.
' A copy of this order shall be sent to the District Magistrate, Multan in a sealed cover to be opened by him, so that this order is complied with as expressed supra.