' The petitioner Altaf Hussain, who is the accused in F.I.R. No,,182 of 1998, dated 6-6-1998 registered under Article 3/4 of Prohibition (Enforcement of Hadd) Order, 1979, at Police Station Kotwali, District Bahawalpur, has moved this application for post-arrest bail.
2. The allegation against the petitioner is that heroin weighing 16 grams was recovered from his possession and he was caught red-handed and arrested there and then.
3. Learned counsel for the petitioner argued that the recovery is violative of section 103 of Cr.P.C. As no witness of the locality has been cited while it was a thickly populated place i,e, Chowk Fawara, Ahmadpuri Gate, Bahawalpur; that the A.S.-I. Muhammad Sarwar himself is complainant of this case and he himself investigated the matter, hence it is violative of the principle of investigation; that the recovery of 16 grams, of heroin would not attract the provision of Article 3 of Prohibition (Enforcement of Hadd) Order, 1979 as there is no evidence that the petitioner was selling the same; that the petitioner is behind the bar since last seven months and his further detention in jail would not serve any useful purpose.
4. Learned counsel for the State has vehemently opposed the bail application on the ground that the petitioner is accused of Articles 3 and 4 of Prohibition (Enforcement of Hadd) Order, 1979 and Article 4 falls within the prohibitory clause of section 497, Cr.P.C. Hence the petitioner is not entitled to the concession of bail.
5. I have heard the arguments of both the learned counsel and perused the record.
6. Whether Article 3 of Prohibition (Enforcement of Hadd) Order, 1979 is attraced in the present case can only be determined after the evidence is recorded. Prima facie the petitioner's case is covered under Article 4 of Prohibition (Enforcement of Hadd) Order, 1979 as the petitioner was only found in possession of 16 grams of heroin, which does not fall within the prohibitory clause of section 497, Cr.P.C. The petitioner is behind the bar since 7 months and his further detention would not serve any useful purpose. It is well-established principle of law that the benefit of doubt; if any, shall also go to the accused at bail stage. Accordingly, the petitioner is granted bail provided to furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the trial Court.