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Criminal Miscellaneous No. 737‑B of 1985, decided on 5th August, 1985.

‑‑---S. 497‑‑Prohibition (Enforcement of Hadd)& Order (4 of 1979), Art‑3/4‑‑Dangerous Drugs Act (II of 1930), S.14‑‑Bail, grant of House of one B raided‑‑Heroin recovered‑‑Lady companion of accused not challaned‑‑Owner of house and another person present there at time of raid, not challaned‑‑Witnesses of recovery not residents of locality One of witness denying his presence at time of recovery by an affidavit‑ Sufficient grounds, held, existed for further inquiry into guilt of accused‑‑Bail granted circumstances.

Syed Amir Shah for Petitioner.

Tassadaq Hussain Jilani, Asstt. A.‑G. for the State.

The petitioner was apprehended by the police on 16‑5‑1985 from the house of Mst. Bashiran, resident of Rasti Khera Abad, Multan when as a result of raid conducted by the police he was found in possession of 250 grams of heroin. A case under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979, read with section 14 of the Dangerous Drugs Act, 1930 was registered against the petitioner P.S. Sadar Multan, vide F.I.R. No. 244. The petitioner's prayer for bail was turned down by the learned Sessions Judge, Multan, Vide order, dated 10‑7‑1985. After dismissal of his application for bail b. the learned Sessions Judge, the petitioner has moved this Court for bail through the present petition.

2. Arguments of the learned counsel for the parties have beer heard. According to prosecution the house of Mst. Bashiran was raided by the police on receiving information that a man and a woman had come from Peshawar to deliver intoxicant to Mst. Bashiran for sale as she used to sell narcotics in the area. At the time of the raid Mst Bashiran was present in the house but she managed to slip away. The petitioner and one Mst. Jamila, a resident of Peshawar were also present, in the house. The petitioner was carrying a shopping Bag which contained a Gents suit piece in which packet of heroin was concealed The packer of heroin was taken into possession by the police in the presence of Nabi Bakhsh and Muhammad Shafi who also attested the recovery memo. prepared by the police. Both the above recovery witnesses do not belong to the locality in which the house of Mst. Bashiran was situated. They are reported to be resident of a place situated at a distance of three miles from the place of recovery. Muhammad Shafi was sworn an affidavit to the effect that he was not present at the time of the alleged recovery of heroin from the petitioner. It is not known whether the other recovery witness would support the prosecution or not at the trial. Mehboob Ali, A.S.I., who was also a member of the raiding party, has disclosed that one Rashid Ahmad, who was also present in the house of Mst. Bashiran, was arrested by the police but the police did not challan him and got him discharged during the investigation of the case. Mst. Bashiran too has not been challaned nor she has been arrested by the police in the case although the allegation against her was that she used to sell narcotics in her house. Similarly, Mst. Jamila who was also present in the house at the time of raid by the police has not been challaned, though the allegation against her was that she was also an accomplice of the petitioner. From all these facts it appears that there are no reasonable grounds for believing that the petitioner has committed the offence with which he has been charged, though there are sufficient grounds for further inquiry into his guilt. The petitioner's case falls under subsection (2) of section 497, Cr.P.C. He is accordingly released on bail on furnishing security in the sum of Rs.20,000 with two sureties each in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Multan.

S.A. Bail granted.

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