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Criminal Bail Application No. 790 of 1985, decided on 16th December, 1985.

‑‑‑S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3 & 4‑‑Bail‑‑Accused charged for selling Heroin in a big town‑‑Mashirnama got attested by prosecution from policemen and no efforts made to call any private person from town‑‑Case requiring further inquiry‑‑Bail allowed.

Ghulam Muhammad Durrani for Applicant.

Zawar Hussain, A.A.‑G. for the state.

Applicant Faiz Muhammad is being tried for the offences under section 3/4 Prohibition of Hadd of Order, 1979.

2. The allegation against him is that he was found in possession of 90 grams of Heroin. He was arrested by A.S.I. Gulzar Ahmed of Police Post, Ranipur and case was registered on 26‑6‑1985.

3. It is contended by Mr. Ghulam Muhammad Durrani, Advocate that both the Mashirs in this case are policemen though according to prosecution applicant was arrested from Ranipur Town.

4. Mr. Zawar Hussain Jaffri, the learned A.A.‑G. has opposed the bail and submitted that private persons always avoid to act as Mashirs in the cases. He also argues that police party while patroling found accused in possession of Heroin as such no private person could be cited as Mashir.

5. The first information report of this case shows that the A.S.I. while patrolling in Ranipur town got spy information that applicant who was required in a murder case was selling Heroin near the Bungalow of Syed Udhal Shah. On receiving this information the police party proceeded and arrested the accused. Ranipur is a big town having population of more than 30,000 and police party got information before they proceeded towards the place of incident. In spite of that no efforts were made to call any private persons from the town and only two policemen attested the Mashirnams. At this stage, I feel that this is a case which requires further enquiry. Applicant is admitted to bail on furnishing one surety in the sum of Rs.50,000 and P.R. bond in the like amount to the satisfaction of learned Additional Sessions Judge (Hudood), Sukkur.

M.Y.H. Bail granted.

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