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1997 MLD 1894

HAMEED WALI Alias ZARWALI vs THE STATE

Citation1997 MLD 1894
CourtSindh High Court
Case No.Criminal Bail Application No.536 of 1995
Date1995-07-20
Judge(s)Agha Rafiq Ahmed Khan
ResultBail granted

ORDER

1. The applicant was apprehended by Gulzar-i-Hijri P.S. On 4-11-1994 and 150 grams of powder of heroin was allegedly recovered from his possession. He was sent up to stand trial and case is pending in the Court of learned Sessions Judge, Malir, Karachi. The bail application filed before learned Sessions Judge, Malir, was rejected on 30-4-1995.

2. Learned counsel for applicant contends that the applicant is continuously in jail since 4-11-1994 and no evidence has yet been recorded. The applicant is a young boy of about 16-17 years and infirm also. He was produced in custody before the Court on 29-6-1995 and this Court had observed that he was leaning from one leg. He has further argued that heroin powder was sent to Chemical Examiner on 13-12-1994 after a period of one month and nine days. He has relied upon the case of Muhammad Ashraf v. The State reported in 1989 ALD 147(2), in which bail was granted on the ground that sample of recovered heroin was sent to Chemical Examiner after 11 days of recovery. He has also relied upon the case of A.I Muhammad alias A.I Kuchi v. The State reported in 1994 PCr.LJ 1487.

3. Mr. Azizur Rehman Shaikh, learned counsel for State has opposed this bail application, but he concedes that even charge has not yet been framed and the applicant is continuously in jail since 4-11-1994 and that sample of heroin was sent after the delay of more than one month by the police.

4. Even till today the report of Chemical Examiner has not been produced by the concerned police.

5. Mr. Aftab Halepota, S.H.O., Gulzar-i-Hijri P.S. Is present and requests for further time to produce the report.

6. The S.H.O., Gulzar-i-Hijri P.S. Has submitted his reply to the show---cause notice issued to him, which is accepted and taken on record. The show---cause notice is therefore, withdrawn.

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