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LAL BAZ versus THE STATE


Criminal Code of Conduct (CRPC) Section 497/498 Prohibited (Enforcement) Order (4 of 1979), Article 3/4 of the alleged heroin has almost the same weight as heroin, as stated in the maintenance memo. Controversy over the quantity of heroin actually recovered allowed the bail to demand more inquiry from the accused

1986 P Cr. L J 2805

[Karachi]

Before Munawar Ali Khan, J

LAL BAZ Applicant

Versus

THE STATE‑‑Respondent

Criminal Bail Application No. 117 of 1986, decided on 13th February, 1986.

Criminal Procedure Code (V of 1898)‑--

‑‑S. 497/498‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.3/4‑‑Only approximate weight of Heroin recovered from accused as mentioned in Memo. of recovery‑‑Conflict arising as to quantity of Heroin actually recovered from accused‑‑Case calling for further inquiry‑‑Bail allowed.

Sh. Ghulam Sabir Niazi for Applicant.

Abdul Ghafoor Mangi, A.A.‑G. for the State.

ORDER

Heard arguments of learned counsel for parties.

The accused is facing trial under section 3/4, Prohibition Order 1979. The allegations against him are that 20 grams of Heroin have been recovered from his possession. The learned A.A.‑G. conceded that only approximate weight of Heroin recovered from the accused has been mentioned in the memo. of recovery. However, when the Heroin was sent to the Chemical Expert it was weighted by him. According to the report received from the said expert the net weight of Heroin powder is 15 grams. The learned counsel for the applicant contends that while giving his report the Chemical Expert has not taken into consideration the weight of brown paper packet, as the Heroin was sent to him in plastic packet which was wrapped in brown paper packet. This is not denied by the learned A.A.‑G. who has, therefore, no objection to grant of bail.

Sine there is conflict as to the quantity of Heroin actually recovered from the accused, the case calls for further inquiry. Appellant is therefore, allowed bail in the sum of Rs.30,000 and P.R. of the same amount to the satisfaction of the trial Court.

M.Y.H. Bail granted.

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