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Criminal Bail Application No. 533 of 1985, decided on 30th September, 1985.
‑‑‑S. 497‑‑Prohibition (Enforcement of Hadd)‑ Order (4 of 1979), Art. 3/4‑‑Bail, grant of‑ ‑Recovered material alleged to be heroin yet pot sent to Chemical Analyser for expert report‑‑In absence of report, case against petitioner, held, of further inquiry‑‑Bail allowed, in circumstances.
Sajjad Hussain Kolachi for Applicant.
Zawar Hussain Jafferi, A.A.‑G. for the State.
The applicant is facing trial under section 14 of the Dangerous Drugs Act and 3/4 of the Prohibition. (Enforcement of Hadd) Ordinance 1979. It is alleged in the F.I.R. that on personal search by the Excise Inspector a bag allegedly containing heroin was recovered from the applicant which according to the prosecution weighed 25 grams. It is not disputed by the learned A. A.‑G. that the material so recovered by the Inspector has not been sent to the Chemical Analyser for expert report. In the absence of such report the case against the present applicant needs further inquiry. I accordingly admit the applicant at this stage to in the sum of Rs.30,000 with one surety and P.R. in the like amount to the satisfaction of the trial Court. It is, however, clarified that in case positive report is received by the prosecution from the Chemical Analyser and other material is available to connect the accused with the crime it will be open to the prosecution to move for cancellation of the bail.
S.G.D. Bail allowed.
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