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Criminal Miscellaneous No. 903/B of 1985, decided on 29th September, 1985.
‑‑‑S. 497(2)‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Art. 4‑‑Bail, grant of‑‑Forty packets allegedly containing Heroin recovered from petitioner yet it was not clear whether Heroin from each packet was sent for chemical analysis or not‑‑Case, held, was of further inquiry, in circumstances‑‑Petitioner allowed bail.
Insaf Bhatti for Petitioner.
Tasaddaq Hussain Gillani with Asstt. A.‑G. for the State.
Date of hearing: 29th September, 1985.
It is alleged that 40 packet of Heroin, each containing one gram, were recovered from the petitioner on 18‑3‑1985, at 2‑30 p.m. by a raiding party organised by Muhammad Ashraf, Excise Inspector.
2. It is contended that the sample for chemical analysis was not taken from all the 40 packets and as such, even if there was a positive report from the Chemical Examiner, it could not be said that the 40 packets contained Heroin. According to the prosecution, five grams if Heroin was sent out of these 40 packets besides one packet which eras purchased by Khalid Mahmood decoy purchaser. It is not clear Whether Heroin, from each packet was sent for chemical analysis. I therefore, A find the case of the petitioner to be that of further inquiry. He is allowed bail on furnishing of bail bonds in the sum of Rs.5,000 (Rupees five thousand) with one surety in the like amount to the satisfaction of Additional Commissioner/ Duty Magistrate. Multan.
S.G.D. Bail granted.
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