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Criminal Bail Application No.200 of 1985, decided on 18th March, 1985.
‑‑‑S.497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.3/4‑‑Bail, grant of‑‑Stock witness‑‑Two hundred grams of Heroin recovered from accused‑‑Both Mashirs being stock witnesses of police, case; held, was of further inquiry‑‑Bail allowed in circumstances.
Khawaja Naveed Ahmed for Applicant.
Muhammad Ibrahim Memon Addl. A.‑G. for the State.
Heard the arguments of the learned counsel for the parties. The applicant Abdul Aziz is facing trial under sections 3 and 4 of the Prohibition Order, 1979. The allegation against him that 200 grams of Heroin have been recovered from his possession. The Mashirs in whose presence the recovery was made were Haji Atta Muhammad and Jameel. The contention of the learned counsel for the applicant is that both the Mashirs are stock witnesses of the police and they have acted as Mashirs in as many as thirty cases. In view of this allegation the learned Additional Advocate‑General was requested to verify this fact from the concerned police. On verification from the S.I. concerned i was disclosed by the learned Additional Advocate‑General that the said Mashirs have no doubt acted as Mashirs in a number of such other cases. It is further stated by the learned Additional Advocate‑General that they are the persons who keep the police informed about the activities of the narcotic peddlers.
In view of the above admission it appears that both the Mashir are men of police. Therefore, I am inclined to feel that the case of the applicant calls for further inquiry and as such he is granted bail, in the sum of Ra.20,000 and P.R. of the same amount to the satisfaction of the trial Court. .
S.A.
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