During the investigation of Crime Case No.249 dated 30-11-1995 registered at Police Station, City Farooqabad, District Sheikhupra under section 324/353, P.P.C. Muhammad Umar Farooq, A.S.I. In the presence of Nazir Ahmad, H.C., Muhammad Ijaz Ahmad Constable and Naveed Ahmad, Constable searched the person of Muhammad Shafique petitioner for the second time in terms of section 51, Criminal Procedure Code. From the right pocket of the Shalwar of Muhammad Shafique petitioner- accused heroin was found which was wrapped in a packet made of plastic. It was weighed and was found to be 80 grams. The same was taken in possession vide memo. Attested by two police officials. F.I.R. No.251 dated 30-11-1995 was registered at Police Station Farooqabad, District Sheikhupura under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979. The bail plea of this petitioner has been rejected by the Court of Session who has filed this petition before this Court to try his luck to be admitted to bail.
2. I have heard the learned counsel for the petitioner as well as the learned A.A.-G. For the State and gone through the record before me. At the very outset I would express my view that the alleged recovery becomes doubtful on the ground that the person of the petitioner was 'further searched' by the police about which there is no provision in section 51, Criminal Procedure Code.
The police is competent to make search of the person of an accused once and once only under section 51, Criminal Procedure Code. It is important to express that nothing was taken into possession after bringing that out of the body of the accused. The search for the second time was made from the clothes being worn by the accused. There is nothing on record to make out as to why at the first search in terms of section 51, Criminal Procedure Code the alleged recovery was not effected. The pocket in a Shalwar is commonly got prepared and used these days by the inhabitants of this Punjab Province of our country and it cannot be said that the same was a hidden place in the Shalwar. Without prejudice I am tempted to express that the alleged recovery seems to be an over-doing on the part of the police because the initial F.I.R. Was registered under section 324/353, P.P.C. On the ground that the petitioner challenged the police party. The aforesaid reasons have made me to hold that the involvement of Muhammad Shafique petitioner is a question of further inquiry who is entitled to enjoy the concession of bail.
3. For what has been said above, I accept this application and admit Muhammad Shafique petitioner to bail in the sum of Rs.10.000 with one surety in the like amount to the satisfaction of the learned Sessions Judge; Sheikhupura with the direction to appear before the learned Trial Court on each and every date of hearing failing which his bail may be cancelled by the learned Trail Court.