1. The brief facts leading to this application are that the S.H.O. Of Police Station Jackson Inspector Rao Muhammad Iqbal Khan alognwith Sub-Inspector Changez Khan Sabab and other police officials was on patrol duty on 8-12-1994. During the patrolling he received authentic information that Shamshad and Sarfraz, the two brothers, are selling heroin near Pathan Masjid, Charnal Road Street. On such information he alongwith his: police officials at about 4-15 hours in the morning surrounded the culprits and arrested the present applicant Sarfraz Khan son of Mir Awas Khan and during the search, which was conducted by Sub-Inspector Muhammad Ashraf and Sub-Inspector Changez Khan secured a plastic bag from the left hand of the accused which contained 29 Puris in white paper, containing about 20 grams of heroin and also Rs.134. The same were secured under Mashirnama. The brother of the accused Sarfraz, namely, Shamshad ran away from the spot after throwing a lady's purse towards his house. When the police chased him, the ladies of the culprits intervened and due to this the other accused, brother of the present applicant/accused, managed to escape. The lady's purse was opened which contained two bags, having about 50 grams of heroin, which was also secured under Mashirnama. As such F.I.R. Was lodged by the Inspector Rao Muhammad Iqbal Khan, being F.I.R. No.218/1994 at Police Station Jackson under Article 3/4 of Prohibition Order and challaned the accused on 22-12-1994.
2. I have heard the arguments of Mr. Ghulam Sabir Niazi, learned counsel for the applicant, and Mr. Habibur Rasheed, learned counsel for the State, and have also perused the record.
3. The main contention of the learned counsel for the applicant is that the applicant/accused is a respectable citizen and has nothing to do with this crime. On the other hand, he is an electronic dealer and has been victimised by the police due to an application, which was moved by the applicant against the police officials on 30-3-1994, which was acknowledged by the Inspector- General of Police, Sindh, on 26-4-1994. The copy of the acknowledgment and the said application addressed to the I.-G. Police Sindh, has also beer) placed on record by the learned counsel for the applicant. The other contention of the learned counsel for the applicant is that due to this application the police arrested the accused and fabricated this case. He further contends that it was odd hours at 4.15 in the morning how on such odd hours the applicant/accused was selling the heroin, because at this time no customer, reasonably,, is available, secondly, according to the F.I.R. How the family members were awake at that hour. Lastly, learned counsel for the applicant/accused contends that the heroin was not sealed nor sent to Chemical Analyser nor weighed at the spot. As such, the recovery, if any, cannot be said to be heroin without the report of the Chemical Analyser.
4. Learned counsel for the State Mr. Habibur Rasheed has conceded and has pointed out that the record does not show whether the heroin was sealed at spot and whether the same has been sent to Chemical Analyser and there is also no report of the Chemical Analyser in the file. As such, he has no objection to the grant of bail.
5. After hearing the arguments of both the counsel and considering the police papers, especially when the heroin is not sealed and the Chemical Analyser's report is not available in the police record, I am of the view that though the recovery is 20 grams of heroin from the accused and 50 grams as alleged in the F.I.R., thrown by the brother of the accused, looking to the quantity of heroin and the gravity of the crime, accused is not entitled to any concession, but I have no option but to accept this application and grant bail to the applicant in the sum of Rs.1,00,000 with P.R. Bond in the like amount to the satisfaction of the Trial Court as heroin is neither sealed nor sent to Chemical Analyser nor conditions under section 103, Cr.P.C. Are followed.