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Criminal Bail Application No. 290 of 1985, decided on 1st September, 1985.

‑‑‑S. 497‑‑Bail, grant of‑‑Alleged recovery of heroin from applicant appearing to be doubtful in view of non‑mention of such recovery in Mashirnama‑‑Held: A case of further enquiry, in circumstances.

Qurban Ali Chohan for Applicant.

S. Sarfraz Ahmad, A.A.‑G. for the State.

On 14‑8‑1985 Excise Inspector Sohrab Khan raided the applicant on Spy information and secured a bogus purchaser by name Soomar and sent him with Rs.50 Note to the applicant. In presence of Mashirs the applicant is said to have sold five Puris of Heroin to the bogus purchaser. The applicant was arrested and 22 grams of heroin were recovered on his search. Earlier the applicant had lodged F.I.R. in Crime No. 14184 with Anti‑Corruption Police alleging victimization at the hands of police. Consequently raid was held by Anti‑Corruption and Constables namely Qaim and Saeed of Latifabad Police Station were caught red handed with the tainted money in presence of Mashir Abdul Alim. Abdul Alim was thereafter involved in a heroin case for being in possession of 13 grams. He was tried in Session's Case No. 433 of 1984 and was acquitted. The learned trial Court directed the higher police officers to hold an enquiry and take administrative action against those who responsible for falsely involving him in that case. In this background the present case is not free from doubt and calls further enquiry as provided in provisions under section 497(2), Cr.P.C.

Although the second recovery of 22 grams Heroin has been shown in the F.I.R. but there is no mention in the Mashirnama thereof.

I, therefore, order that the applicant be released on bail on furnishing surety and P.R. in the sum of Rs.50,000 (Rupees fifty thousand) to the satisfaction of Additional Registrar of this Court.

S. G. D. Bail allowed.

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