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Criminal Miscellaneous No. 8903‑B of 1985, decided on 9th December, 1985.
‑‑‑S. 497‑‑Prohibation (Enforcement of Hadd) Order (4 of 1979), Arts.3 & 4‑‑Bail, grant of‑‑Petitioner fled away from spot after throwing away a packet allegedly containing Heroin but result of sample of Heroin sent to Chamical Examiner not received so far‑‑Petitioner also in jail for over two months‑‑Petitioner allowed bail, in circumstances.
Irshad Hussain Bhatti for Petitioner.
Muhammad Rafiq for the State.
Date of hearing: 9th December, 1985.
Niaz Petitioner has moved this petition for ball in a case registered against him and another under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979.
The F.I.R. version is that on 31‑8‑1985 Rana. Ashiq Ali Khan, Excise Inspector, Okara, Abdul Majid A.S.I. and two constables were present near Venus Cinema, Okara, when the aforementioned Excise Inspector received secret information that two boys Were selling Heroin on a. Tanoor situate in front of the cinema. A fictitious customer, namely, Ehsan Ali constable, was sent to the petitioner with a marked currency note of the denomination of Rs.50 for purchasing Heroin. The petitioner received the currency note and gave him a packet which was found to contain two grams of Heroin. Out of this, one gram was sent to the Chemical Examiner for chemical analysis. The Excise Inspector and the Police Officials tried to apprehend the petitioner but he fled away throwing away a packet which was found to contain eleven grams of Heroin, the marked currency note and two other currency notes of the denomination of Rs.50 each. Out of these,, two grams of Heroin was sent to the Chemical Examiner for chemical analysis. Another boy, namely, Saeed Akbar, was apprehended at the spot. On his personal search Heroin weighing five grams was recovered.
2. I have heard the learned counsel for the parties. The samples of Heroin were sent to the Chemical Examiner on 31st August, 1985 but his report has not been received so far. The petitioner, is in jail since 1‑10‑1985. Presently there is nothing on the record to show that the packet allegedly thrown away by the petitioner contained Heroin. I, therefore, admit the petitioner to bail in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Okara. In case a positive report is received from the Chemical Examiner, the prosecution will be at liberty to move an application for cancellation of bail.
S.G.D. Bail allowed.
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