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MUHAMMAD RAMZAN ALIAS RAMZOO versus STATE


Criminal Code of Conduct (CRPC) Section 497 Prohibited (Enforcement) Order (4 of 1979), Arts 3 and 4 Guarantee, Applicant Approved Applicant for Disappearance of Weight Loss of Heroine and to Chemical Examiner had gone. In case of guarantee, bail should be allowed

1987 P Cr. L J 882(1)

[Karachi]

Before Ally Madad Shah, J

MUHAMMAD RAMZAN alias RAMZOO‑‑Applicant

versus

THE STATE‑‑Respondent

Criminal Bail Application No. 1378 of 1986, decided on 14th September, 1986.

Criminal Procedure Code (V of 1898)‑‑

‑‑‑S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3 & 4‑‑Bail, grant of‑‑Inconsistency in weight of Heroin allegedly recovered from applicant and of what was referred to Chemical Examiner for examination and report‑‑Bail allowed, in circumstance.

Sardar Muhammad Ishaq for Applicant.

Abdul Sattar Sheikh, A. A.‑G. for the State.

ORDER

The applicant Muhammad Ramzan is alleged to have been found possessing some quantity of Heroin on 28‑7‑1986. A case under Article 3/4 of Prohibition (Enforcement of Hadd) Order, 1979 has been registered against him. After rejection of his bail application by learned Sessions Judge, Karachi East, by order, dated 4‑9‑1986, he has filed this application in this Court.

The learned counsel for the applicant has contended that the F.I.R. indicates that Heroin weighing 16 grams was recovered from the applicant whereas the report of the Chemical Examiner shows that the Heroin referred for chemical examination weighed 20.210 grams and such inconsistency needs to be explained by the prosecution. He has also contended that the suspected material was sent to the Chemical Examiner after five days. The learned Additional Advocate‑General does not oppose the application in view of the inconsistency in the weight of the Heroin said to have been recovered from the applicant. Bail is granted in the sum of Rs.20,000 with one surety to the satisfaction of the Sessions Judge, Karachi East.

S.D.G./M‑23/K Bail allowed.

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