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Criminal Bail Application No. 1486 of 1985, decided on 4th December, 1985.
‑‑-----S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979) Arts.3 8, 4‑‑Bail, grant of‑‑Fifteen packets of heroin allegedly recovered from possession of accused‑‑Investigating Agency forwarding only two packets of heroin to Chemical Examiner‑‑Bail granted in circumstances.
Muhammad Sohail v. The State P L J 1984 Cr. C (Lah.) 283 and Criminal Bail Applications Nos. 1018 and 1139 of 1984 ref.
Sardar Muhammad Ishaq for Applicant.
Muhammad Ibrahim Memon, Addl. A.‑G. for the State.
Applicant Abdullah son of Ibrahim is alleged to have been found possessing Heroin in 15 packets on 15‑11‑1985 at Godhra Camp, New Karachi. A case under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 has been registered against him. His bail application in the Sessions Court, Karachi (West) was dismissed by the learned Sessions Judge by his order, dated 24‑11‑1985.
The learned counsel for the applicant has contended that there is no Chemical Examiner's report, so far, in respect of the substance alleged to have been recovered from the' applicant. He has further contended that the Investigating Agency has forwarded to the Chemical Examiner only 2 packets out of 15 packets allegedly containing Heroin and there would be no evidence regarding of the nature of the substance contained in the 13 packets not forwarded to the Chemical Examiner. He has cited a case Muhammad Sohail v The State reported in the PLJ 1984 C.R.C. (Lah) 283, wherein bail was granted by a learned Single Judge of Lahore High Court on the consideration that only a little quantity of suspected material was forwarded for Chemical Analysis. He has also relied on orders passed by the learned Judges of this Court in Criminal Bail Applications No. 1018/84 and 1139/84 wherein bail was granted on the consideration of similar circumstances.
The learned Addl.A.‑G. states that Investigating Officer Raees Ahmed has appeared and he had informed him that only 2 packets out of 15 packets have been forwarded to the Chemical Examiner and the Investigating Officer confirms that fact. The learned Addl. A.‑G. does not oppose the application in view of the cases relied upon by the learned counsel.
Bail is granted in the sum of Rs.20,000 with one surety to the satisfaction of the trial Court.
H. A. K. Bail granted.
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