' The petitioner, Muhammad Younus, stands charged for having committed an offence punishable under Article 3/4 of Prohibition (Enforcement of Hadd) Order, 1979, vide F.I.R. No,187, dated 29-8- 1998, registered at Police Station Saddar, Tehsil and District D.I. Khan. According to the prosecution.
Heroin powder, weighing 20 grams, was recovered from the possession of the petitioner by the D.F.C. Namely, Manzoor Ahmad.
2. Mr. Farooq Masood Ahmad, Advocate, learned counsel for the petitioner and Syed Saeed Hassan Sherazi, learned Assistant Advocate-General for the State present and heard. Record of the case perused with some degree of care.
3. Admittedly, the occurrence took place in broad daylight at a place where lot of people were present. However, the police failed to associate anyone of them with the recovery process. Beside this there is nothing on the file to suggest, even remotely, that the police officials, who had allegedly recovered the heroin powder from the possession of the accused/petitioner. Had made any effort to persuade or request the people present on the scene of occurrence, to witness the recovery process and that they had refused to oblige the police. Resultantly, ram of the considered view that the alleged recovery of 20 grams of heroin powder from the possession of the petitioner has become doubtful especially when there is a cutting/overwriting in the F.I.R. With regard to the weight of the heroin powder.
4. Additionally, the learned Assistant Advocate-General has admitted at the Bar and 'lightly so that there is nothing on the police/judicial file to show as to whether or not the "contraband narcotics" was sent for chemical analysis. He further, admitted that the chemical analysis report, if any, is not available on the police/judicial file to establish, prima facie, that the item recovered from the possession of the petitioner was heroin powder.
5. In the circumstances. I am of the view that reasonable grounds do not exist for believing that the petitioner is connected with the commission of offence charged with. Consequently, the petitioner is admitted to bail.
6. He shall be released forthwith provided he furnishes bail bonds in the sum of Rs,50,000 (Rupees fifty thousands) with two sureties, each in the like amount to the satisfaction of the Additional Registrar of this Court.
7. The Additional Registrar shall see that the sureties are respectable persons, hail from the settled area of N.-W.F.P. And are men of means having sufficient property in their names. The Additional Registrar shall obtain the copies of the property documents/National Identity Cards of the sureties and place the same on this file for record. #EndJudgment