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Criminal Bail Application No. 342 of 1986, decided on 17th March, 1986.
---S. 497/498--Prohibition (Enforcement of Hadd) Order (4 of 1979), Art. 3/4--Bail--Accused caught on spot alongwith twenty-two kilogram of opium--Both Mashirs taken from public--Case of accused fully covered by S. 4 of Hadd Order, 1979--Charge serious one and offence punishable with imprisonment for life--Bail refused.
Sh. Ghulam Sabir Niazi for Appellant.
Abdul Ghafoor Mangi, Asstt. A.-G. for State.
This application for bail has been filed in a case under section 3/4. Prohibition (Enforcement of Hadd) Order, 1979. The case of prosecution is that on 21-2-1986 at 21-00 hours Police intercepted the applicant and found him carrying 6 bundles containing 22 Kg. of opium. He was arrested and case was registered.
Sh. Ghulam Sabir Niazi learned counsel appearing for the applicant has contended that provisions of section 4 of the Prohibition (Enforcement of Hadd) Order, 1979 do not attract to this case as applicant was not found in possession of opium. He has also argued that Mashirs are not from the locality.
Mr. Abdul Ghafoor Mangi, learned Assistant Advocate-General appearing for the State has opposed the bail and submitted that huge quantity of opium was found from the accused therefore, he is not entitled to bail.
The applicant was caught on the spot alongwith 22 Kg. of opium. Both the Mashris are from public. I do not agree with the contention of the learned counsel about the applicability of section 4 of the Prohibition (Enforcement of Hadd) Order, 1979, in the present case. According to section 4 of Prohibition (Enforcement of Hadd) Order, 1979 whoever commits offence in respect of Heroin, cocaine, raw opium or cocaine leaf and the quantity exceeds 10 grams in the case of Heroin or cocaine of one kilogram in the case of raw opium of coca leaf the offender shall be punishable with imprisonment for life or imprisonment which is not less than 2 years and with whipping not exceeding thirty stripes and shall also be liable to fine. In my view raw opium includes opium, therefore, his case is fully covered by section 4 of the Prohibition (Enforcement of Hadd) Order, 1979. The case has not proceeded. The charge is a serious one. The offence is punishable with imprisonment of life. The, application is dismissed.
M.Y.H. Bail refused.
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