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JEHAN ZEB versus STATE


Criminal Code of Conduct (CRPC) Section 497 Prohibited (Enforcement) Order (4 of 1979), art, 3/4 bail, grant of 30 grams of heroin powder from the accused, although the conviction was life imprisonment but not his Despite being detained, there was not one that could be denied bail because the quantity of powder recovered was small, in which case bail is allowed.

1986 M L D 2220 (1)

[Karachi]

Before Ali Nawaz Budhani, J

JEHAN ZEB‑‑Applicant

versus

THE STATE‑‑Respondent

Criminal Bail Application No.181 of 1984, decided on 4th March, 1984.

Criminal Procedure Code (V of 1898)‑‑

‑‑‑S.497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Art,3/4‑‑Bail, grant of‑‑Thirty grams of Heroin powder recovered from accused‑‑Though punishment for offence was life imprisonment yet case of accused, held, was not one in which bail might be refused as quantity of recovered powder was small one‑‑Bail allowed in circumstances.

S.Ghulam Sabir Niazi for Applicant.

A.A. Muhammadally, A.A.‑G. for the State.

ORDER

This application is argued by Mr. S. Ghulam Sabir Niazi Advocate on behalf of the applicant Jehan Zeb. The applicant was arrested by the Abkari Inspector Incharge, Civil Lines Sub‑Division South, Karachi on 5‑2‑1984. He was in possession of 30 grams of heroin powder. The arguments of the learned counsel for the applicant as well as of the learned A . A . ‑G . are heard. Mr. A.A. Muhammadally, A . A . ‑G . has no objection to the grant of bail as the quantity secured alongwith the weight of, the powder is small one. Although the punishment for this offence is the life imprisonment, yet this is not a case in which bail may be refused. The bail is, therefore, granted to the applicant. He is to furnish solvent surety in the sum of Rs.10,000 and P.R. bond in the like amount to the satisfaction of the Sessions Court.

H. A. K. Bail granted.

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