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Criminal Bail Application No. 1413 of 1986, decided on 5th October, 1986.
‑‑S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979) Art. 3/4‑ ‑ Bail‑‑Enmity alleged by accused with police who had made him victim of false implication in criminal cases and notice of filing false report was issued to them‑‑State counsel not opposing grant of bail in view of alleged enmity although Heroin powder recovered from accused was certified to be Heroin of commercial grade‑‑ Bail granted to accused in circumstances.
Abdul Rasheed Kalwar for Applicant.
Abdul Ghafoor Mangi, A.A.‑ G. for the State.
Date of hearing: 5th October, 1986.
Applicant Azam son of Pir Bux has been sent up to stand trial for having committed an offence under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 and is facing trial in the Sessions Court, Karachi South. It is alleged that he was found sitting in a Rakshaw at Gali Mama Pan House, Singo Lane, Karachi at about 5‑30 a.m. on 27‑7‑ 1986, and 20 grams of Heroin powder was recovered from the Tool Box of that Rikshaw KAT‑4621 and a knife was recovered from his pocket. The bail application filed in the trial Court was dismissed by the learned VIth Additional Sessions Judge by order dated 8‑9‑1986.
The learned counsel for the applicant has urged that the applicant had been made victim of false implication as he was involved earlier in two criminal cases in which he was acquitted by the learned IInd Additional Sessions Judge, Karachi (South) on 8‑2‑1986 and notice of filing false report was issued to the concerned police officials. He has contended that alleged recovery of Heroin from the Tool Box of the Rikshaw cannot be said to have been recovered from the possession of the applicant as to burden him with the liability of commission of the offence.
The learned A.A.‑G. has pointed out that Heroin powder recovered from the Rikshaw has been certified to be Heroin of commercial grade but he does not oppose the application in view of the enmity alleged by the applicant. Bail is granted in the sum of Rs.25,000 with one surety to the satisfaction of Sessions Judge, Karachi (South).
M.Y.H./A‑37/K Bail granted.
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