' This petition has been moved on behalf of Sajjad Hussain for bail in case F.I.R. No,7/96, dated 11-1- 1996 registered at Police Station Pak Gate, Multan under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979 read with section 9 of the Control of Narcotic Substances Ordinance, 1995.
2. The petitioner was arrested by Khadim Hussain, Inspector C.I.A., Multan while he was on patrol duty at Faisal Chowk. On personal search heroin weighing 27 grams was allegedly recovered from the petitioner out of which one gram was sealed into a parcel for chemical examination.
3. The complainant/Inspector, C.I.A. After recovering the heroin from the possession of the petitioner proceeded to conduct the investigation himself. Learned counsel for the petitioner has placed reliance on Iftikhar Ahmad alias Dani v. The State PLD 1995 Lah. 606 in which, while disposing of Criminal Appeal No,135 of 1994 the Division Bench observed that "no member of the C.I.A. Staff has any authority or power to investigate a case of their own motion in the absence of such an investigation having been entrusted to him by the S.P. Of the District". In the present case the situation is not different to the one discussed in the above-referred case. The petitioner is in the judicial lock-up and according to the report under section 173, Cr.P.C. All the prosecution witnesses B are police officials. Khadim Hussain, Inspector was not only the recovery witness but was also a complainant and the Investigating Officer undoubtedly causing prejudice to the case of the present petition.
4. In view of what has been stated above, the case of the petitioner is open, to further inquiry. The trial Court shall, however, not be influenced by the IL observation made above and shall apply his independent mind while deciding the case. The petitioner shall be released on bail subject to his furnishing bail bond n in the sum of Rs,50,000 with two sureties in the like amount each to the satisfaction of the trial Court.