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Criminal Miscellaneous No. 3561/B of 1984, heard on 12th January, 1985.
‑‑‑S.497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3 & 4‑‑Bail‑‑Recovery of 115 grams of heroine‑‑Petitioner in judicial lock‑up for 6 months‑‑Punishment for offence under Art.3 imprisonment for life if more than 10 grams heroine was recovered‑‑Such crime against entire society making not only life of addict miserable but also causing constant mental torture to his entire family‑‑Bail refused in circumstances.
M.A. Hameed Awan for Petitioner.
Rafi Siddiqui for the State.
I have been taken through the F.I.R. of this case. According to the prosecution version, 115 grams of Heroine had been recovered from the petitioner near Star Hotel. The police had received secret information that the petitioner was dealing in the sale of Heroine.
2. The learned counsel for the petitioner contends that the petitioner was not carrying Heroine in any suitcase but was alleged to have kept it in the pocket of his Shalwar end thus it was a case of further enquiry; that the petitioner is in the judicial lock‑up for the last about six months.
3. I have considered the contentions. Punishment for offence under Article 3 of Prohibition (Enforcement of Hadd) Order, 1979, is) imprisonment for life if more than 10 grams heroine is recovered. In the present case, the petitioner was found to be in possession of 115 grams of heroine. It is a crime against the entire society. Not only the life of the addict becomes miserable but also the entire family remains under constant mental torture. The petitioner does not deserve the concession of bail. The petition is dismissed.
M.A.K.
Bail refused.
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