1. ' This is a bail application moved under section 498, Cr.P.C. On behalf of applicant/accused Tahir Ahmad son of Rasool Bux who is facing trial before Sessions Judge, Karachi-South, in a case registered under Articles 3 and 4 of Prohibition of Enforcement of Hadd Order, 1979 as per F.I.R.
2. No,361 of 1995, Police Station Kalakot, Karachi.
3. ' The brief facts of the case are that applicant/accused on 3-12-1995 led the police party headed by Inspector Asghar Ali to Rexer Lane, Gali No,1, Kalakot, Karachi, and produced one Theli after digging the garbage which weighed 300 grams of heroin which was taken into possession by the Inspector as per memo. Prepared at the spot. After usual investigation the applicant/accused was challaned before the Court of Session, Karachi-South. The applicant/accused moved the trial Court for bail but his application was dismissed on 26-3-1996 and then he moved this Court in Criminal Bail Application No,556 of 1996 but the same was also dismissed on 7-5-1996. Again applicant/accused moved Sessions Judge, Karachi-South, for bail but it was also dismissed on 20- 10-1996, therefore again has approached this Court for bail.
4. ' Learned counsel for the applicant/accused, Mr. Sardar M. Ishaque, contends that he has filed second bail application before the trial Court on fresh ground after the receipt of Chemical Examiner's Report, dated 23-5-1996 which showed that heroin so recovered was sent to the Chemical Examiner on 20-12-1995 whereas the incident took place on 3-12-1995 thus there has been delay in sending heroin stuff and further as per F.I.R. 300 grams of heroin was recovered whereas as per report of Chemical Examiner gross weight of nine packets/Puris was 346.90 grams while the net weight of the powder without wrapper was found to be 188.51 grams, thus there was inconsistency in respect of weight of heroin. He has placed reliance upon Muhammad Ramzan alias Ramzoo v. The State 1987 PCr.LJ 882(1), Asghar Ali v. The State 1988 M LD 345, Wasal Khan and another v. The State PLD 1994 FSC 37 and Ali Muhammad alias Ali Kuchi v. The State 1994 PCr.LJ 1487 in support of his contention.
5. In view of the above admitted facts that there has been delay of 17 days in sending the stuff of heroin so recovered as per memo. And there has been inconsistency in the quantity of the stuff so secured as per F.I.R. And as per Chemical Examiner's Report which consequently will be a fresh ground. In view of the above facts and case-law so cited there are no reasonable grounds to say that the applicant is guilty of alleged offence and a case would be of further enquiry under section 497(2), Cr.P.C. Accordingly applicant/accused is admitted to bail subject to his furnishing two sureties in the sum of Rs,1,00,000 (Rupees one lac) each with P.R. Bond in the like amount to the satisfaction of trial Court. However, the trial Court will be competent to cancel the bail in case sufficient material connecting the applicant/accused with the commission of crime is produced by the prosecution or applicant/accused misuses the concession of bail or commits misconduct.
6. ' The application stands disposed of.