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Criminal Bail Application No. 170 of 1985, decided on 3rd March, 1985.

‑‑‑S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3 & 4‑‑Bail‑‑Recovery of heroin from accused‑‑Bail sought on plea that samples of heroin were sent belatedly to Chemical Examiner‑‑Belated sending of samples to Chemical Examiner, held, had caused no harm to prosecution case because parcels were sealed at time of recovery‑ Application for bail rejected.

-‑‑‑S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3 & 4‑‑Bail, grant of‑‑Recovery of heroin from accused‑‑Question whether both Mashirs were stock witnesses of police requiring further inquiry‑‑ Bail allowed in circumstances.

Khawaja Naveed for Petitioners.

Abdul Ghafoor Manghi, A.A.‑G. for the State.

Both applicants are facing trial for offences under articles 3 and 4 of Prohibition (Enforcement of Hadd) Order, 1979. Both were arrested from the road in Idoo Line and 150 grams of heroin recovered from Abdul Samad and 100 grams of heroin recovered from Jan Muhammad. These recoveries were made on 25‑10‑1984 at 5‑00 p.m. Report was lodged at Police Station Baghdadi. Bail plea has been rejected by learned Sessions Judge, Karachi vide his order, dated 9‑12‑1984. Bail plea is urged on two grounds, firstly, that samples from heroin were sent rather belatedly to the laboratory of Chemical Examiner after the grant of interim bail. After receipt of positive report from Chemical Examiner interim bail was recalled and bail plea was rejected vide order, dated 9‑12‑1984. It appears from the record as stated by learned A.A.‑G. that sealed parcels were made at the time of recovery as such belated sending of samples to Chemical Examiner has caused no harm to the case of prosecution. Mr. Khawaja Naveed has submitted that this was done in presence of two Mashirs namely, Muhammad Hussain and Haji Atta Muhammad, who are proposed to be examined by the prosecution as Mashirs of recovery and in whose presence the samples were put into seal parcels. Learned counsel for the applicants has produced before me photostat certified copies in as many as seven cases relating to Police Station, Baghdadi in order to show to me that both these Mashirs have been used as stock‑witnesses and they have been appearing as such in police cases. F.I.R. Nod. 106/88, 50/84 shows Hap Atta Muhammad acting as witness. F.I.R. Nos. 257/84 and 108/84 shows Muhammad Hussain acting as witness for police. F.I.R. Nos. 123/84, 284/84 and 127/84 show both Mashirs Muhammad Hussain and Haji Atta Muhammad acting as witnesses for police. On this premise it is submitted B that the question whether both Mashirs are stock‑witnesses of police, requires further inquiry. In the circumstances and for the reasons mentioned above I admit applicants to bail each in the sum of Rs.15,000 with one surety and P.R. each in the like amount to the satisfaction of the trial Court.

H.A.K. Bail allowed

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