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Criminal Miscellaneous No. 2222‑B of 1983, decided on 15th August, 1984.

‑‑‑Ss.497 & 498‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Art. 4‑‑Bail‑‑Recovery of heroin from a packet held by accused in his hand‑‑Case, held, not of further inquiry and no importance could be attached to affidavits filed with police by certain persons of locality regarding innocence of accused.

‑‑‑Art. 4‑‑Criminal Procedure Code (V of 1898), Ss. 497 & 498‑ Intoxicant‑‑Use of drugs including heroin being a big menace spoiling youth‑‑No court, held, could be oblivious of depressive manic resulting from use of such like drugs.

‑‑‑Ss.497 & 498‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Art. 4‑‑Bail‑‑Accused found in possession of heroin‑‑Offence, if proved, punishable with imprisonment for life‑‑Bail refused.

Syed Dilawar Hussain Shah for Appellant.

The prosecution case in brief is that there was a secret information with the police that a person named Shah Hassan (petitioner) sells Heroin and is likely to bring the same to Gulf Hotel, Lahore. A raid party was accordingly arranged who took position around the Gulf Hotel. A short while thereafter Shah Hassan came in the Gulf Hotel. He was holding a packet in his hand which was taken in possession by the raid party. It was found that the said packet contained 650 grams of Heroin, out of which 9 grams were taken as sample for chemical analysis. The petitioner was arrested. He was unsuccessful in his plea for bail before the learned Sessions Judge, Lahore. Hence this petition.

2. It is contended by the learned counsel that the petitioner was the Manager of the Hotel which fact was concealed in the F.I.R. on account of which the present case becomes doubtful. It is further contended that the persons of the locality have sworn affidavits in support of the innocence of the petitioner. It is, therefore, argued that the case of the petitioner becomes that of further inquiry.

3. I have considered the above arguments. Even if it is admitted that the petitioner was a Hotel Manager then also it will have no effect on the merits of the case. The recovery of Heroin was made from a packet held by him in his hand. In this view of the matter, it cannot be said that this was a case of further inquiry, nor any importance can be attached to the affidavits said to have been filed with the police by certain persons of the locality.

4. The use of drugs including Heroin is becoming a big menace in this country. It is spoiling the youth and its use is spreading like a wild fire. In this situation, no Court can be oblivious of the depressive B manic resulting from the use of such like drugs. The petitioner was found to be in‑possession of 650 grams of Heroin. The petitioner can, therefore, be punished with imprisonment for life if the case against him is proved by the prosecution during trial. In this view of theft matter, I find no merit in this petition which is accordingly dismissed in limine.

M.Y.H Bail refused.

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