Petitioner having been arrested in the case registered vide FIR No. 364 of 16.9.1998 under Articles 3 and 4 of the Prohibition (Enforcement of Had) Order, 1979 Police Station Shad Bagh, Lahore alleging recovery of 196 grams of heroin from petitioner's possession on a tip of by a police patrol around 11.45 a.m. Has sought bail.
2. Primarily contending that no independent witness from the locality has been associated with the alleged recovery on which count the petitioner has already suffered 6 months' internment.
3. Wherein we are not persuaded to interfere, since, admittedly neither of the recovery witnesses comprising of police officials having any motive to maliciously involve the petitioner, prima facie constitute sufficient ground for believing the petitioner's involvement in the offence charged falling within the prohibition contemplated by Section 497(1) of the Cr.P.C, renders him disentitled to the sought for concession; resultantly the same fails and is hereby dismissed.