1. Rashid Ahmed alias Pappu Master petitioner was arrested by the Police on 1-5-1994 after 60 grams of heroin was recovered by Muhammad Younas, A.S.I., Special Cell, Narcotics, Police Station Saddar, Pakpattan Sharif. F.I.R. No.232 dated 1-5-1994 was registered at Police Station, Saddar under Article 3/4 of the prohibition (Enforcement of Hadd) Order, 1979. During the interrogation the aforesaid accused is said to have given the information that one Kilogram of heroin was lying in his house.
2. With the permission of the Ilaqa Magistrate (who did not issue the search warrant) the petitioner was taken to his house and at his pointedness one Kilogram of heroin was taken into possession vide memo, attested by Noor-ul-Hasan Constable, Sarfraz Ahmed Constable and Falak Sher P.W.
3. About this recovery F.I.R. No.161, dated 6-5-1994 was registered at police Station City, Pakpattan Sharif under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979. The bail application of this petitioner has been rejected by the learned lower Courts mainly on the ground of the quantum of the recovered heroin. The petitioner has moved this petition for his admission to bail.
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 argued that the house of one Muhammad Tufail Tailor master was trespassed by the Police party on 12-12-1993 at 3-00 p.m.
4. Where Rashid Ahmed petitioner was also present and taking exception to the aforesaid illegal act of the police party, with the intervention of the Lahore High Court, Multan Bench, Multan, F.I.R. No.37, dated 31-1-1994 was got registered by Muhammad Tufail under section 452/341/342/384/148/149, P.P.C. Against the police officers posted at Police Station City, Pakpattan Sharif and in Special Branch, Pakpattan Sharif. He added that earlier to that on 4-10-1993 Rashid Ahmed had filed a suit for the recovery of an amount of Rs.20,000 as damages against five Police Officers which is still pending He added that to wreck the vengeance the case has been got registered. He continued that even though the time was available to the police, the recovery memo in this case has been attested by Noor-ul-Hassan Constable, Sarfraz Ahmed Constable as well as Falak Sher P. W. Who accompanied the police from the police station and can safely be termed as a stock witness of the police. On the contrary, learned counsel appearing for the State laid the emphasis that the petitioner Rashid Ahmed is a drug peddler who is liable for life imprisonment on the basis of the aforesaid F.I.R. And that he is not entitled to be admitted to bail. I am inclined to admit Rashid Ahmed petitioner to bail for my following reasons:---
(i) Learned counsel for Rashid Ahmed petitioner has intimated that the petitioner is a School Teacher. Since the Police entered his house illegally he has instituted a suit for the recovery of the amount of damages which is still pending and it shows that the police has the motive against this petitioner.
(ii) The recovery memo. Is attested by two Police Constables namely Noor---ul-Hasan and Sarfraz Ahmed and one stock witness Falak Sher. Such a recovery shall have to be viewed with caution. The police had the sufficient time to join two respectable of the area as-contemplated under section 103, Cr.P.C. At the time of the recovery attributed to this petitioner.
(iii) In the F.I.R. No.37 dated 31-1-1994 about the occurrence dated 12-12-1993 registered at Police Station City, Pakpattan Sharif at the instance of Muhammad Tufail against the Police Officers, this petitioner has been cited as an eye-witness which is also a circumstance in his favour about the fact that the mind of the Police is working against him.
(iv) Only the aforesaid two cases have been registered and are pending against this petitioner which, without prejudice to the merits of the same, can be termed as doubtful in view of the enmity between this petitioner and the police as expressed above No other case of the instant nature stands registered prior to 1-5-1994 against Rashid Ahmed petitioner or is pending against him.
5. Muhammad Younas, A.S.I. Has intimated that there are many cases against the real brother of this petitioner who is also indulging in such activities. This reasoning need not be given the weight because every person is responsible for his own act (s).
6. I, therefore accept this application and admit Rashid Ahmed alias Pappu Master to bail in the sum of Rs.50,000 (Rs. Fifty Thousand only ) with one surety in the like amount to the satisfaction of the Senior Civil Judge/Magistrate Section 30, Cr.P.C. Pakpattan Sharif.