1. ' SAIDUZZAMAN SIDDIQUI, J.---The petitioner is seeking leave to appeal against the judgment of Federal Shariat Court dated 22-4-1993, whereby the learned Chief Justice of that Court upheld the conviction and sentence awarded to the petitioner by the trial Court under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979.
2. ' The petitioner was tried for possessing 4550 grams of heroin powder. According to prosecution he was intercepted by the F.I.A. Police on 12-2-1989 on spy information while alighting from a Car at Hassan Square, Karachi. The contraband heroin was found contained in four 'thalies' which were taken into possession by the F.I.A. Inspector at the spot and after weighing were sealed under a 'Mushirnama' witnessed by P.W.1 Syed Fahimuddin. In seeking leave to appeal, the learned counsel for the petitioner contended that the contraband heroin seized by the F.I.A. Police at the spot was sealed there but according to both the prosecution witnesses examined in the case, the packets were unsealed at the F.I.A. Headquarters on 16-2-1989 and samples were drawn on that date in the absence of the petitioner. It is also contended that although numbers of packets seized from the possession of petitioner were 4 according to prosecution evidence but when produced in Court the numbers of packets were 11 for which no explanation was offered by the prosecution.
3. ' The above contentions, inter alia, require consideration and we, accordingly, grant leave to appeal. The petitioner has also applied for grant of bail pending his appeal. We are not inclined to admit the petitioner to bail at this stage. However, we direct that the appeal may be fixed for regular hearing at an early date.