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Criminal Bail Application No. 1273 of 1985, decided on 7th November, 1985.
‑‑‑S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Art. 3/4‑‑Bail, grant of‑‑Accused allegedly in possession of 15 grams Heroin‑‑Heroin however, not weighed‑‑Recovery by private persons who were not authorised in law to effect personal search‑‑Bail granted in circumstances.
S. M. Alam for Applicant.
Syed Sarfaraz Ahmad, Asstt. A.‑G: for the State.
The applicant Taj Muhammad is facing trial under Articles 4, 3/4 of Enforcement of Hudood Ordinance, 1919. The allegation against him is that about 15 grams of Heroin was recovered from his possession.
The contention of the learned counsel for the applicant is that the alleged recovery of Heroin has not been made by police but by some private persons who are said to be members of Narcotic Prevention Committee. His second argument is that Heroin was not weighed at any stage and, therefore, it could not be said with certainty that its weight was 15 grams.
The learned A.A.‑G. has not disputed that the Heroin recovered from the accused was not weighed. Since the entire quantity was wrapped in 'Puryas' eleven of which were of plastic and the rest of paper. The argument of the learned counsel for the applicant is not without force A that the weight of Heroin may not be 15 grams. It is also not disputed that the accused was caught and the recovery was made from him by private persons who had no power to take personal search of the accused.
For these reasons bail is allowed to the applicant in the sum of Rs.20,000 and P.R. of the same amount to the satisfaction of the trial Court.
S.A. Bail granted
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