' The petitioner, who is involved in a case under section 3/4 of Order VI of 1979 read with section 9 of the C.N.S.O. Ordinance VI of 1995 arising out of F.I.R. No,259 of 1996, dated 29-9-1996, registered at Police Station Gogera, District Okara, seeks to be admitted to bail.
2. Briefly the allegation against the petitioner is that he and his co-accused were carrying heroin weighing 2 kilos and charas weighing five kilos and after seeing the police party they threw the packets on the ground and fled away from the place of occurrence.
3. Learned counsel for the petitioner contended that the principal accused mentioned in the F.I.R.
Was never arrested rather he was found innocent during the investigation. The co-accused of the petitioner namely Manzoor Hussain who is the similarly placed in the F.I.R. Was granted bail by this Court vide order, dated 2-12-1996 in Criminal Miscellaneous No,533/B of 1996 and on the principle of consistency in law, the petitioner is also entitled for the grant of bail. In the presence of this material, the case against the petitioner is one of further inquiry and he is entitled for the grant of bail.
4. Learned counsel for the State, assisted by the Police Officer has conceded this fact that the principal accused namely, Sh. Lutuf-ur-Rehman in the F.I.R. Was found innocent on the basis of certain affidavits allegedly given by Haji Wali Muhammad, Muhammad Wahid, Ghulam Sabir, Mian Khan and Sarfraz in view of Zimni No,9, dated 18-10-1996.
5. I have heard- the learned counsel for the parties and have perused the record.
6. Admittedly, in this case the principal accused according, to the F.I.R. Was Sh. Lutuf-ur-Rehman, who was not arrested, rather vide Zimni No,9, dated 18-10-1996 referred above, he was found innocent and not involved in this case on the basis of affidavits. I would not like to make comments with respect to the investigation carried out by the Investigating Officer on the basis of the affidavits furnished by those persons mentioned above, as this procedure is neither permissible under the law nor in the Police Rules. Anyhow, It is for the State Counsel to inform the superior Police Officers regarding the conduct of the Investigating Officer suffice it to say that the case against the petitioner is one of further inquiry in view of the lacuna mentioned above in the investigation itself.
In these circumstances, the petitioner is admitted to bail provided he furnishes bail bond in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of Sessions Judge/Special Judge, Okara.