Find a Lawyer

Bail Application No. 1406 of 1986, decided on 9th October, 1986.

‑‑‑S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3 & 4‑‑Bail‑‑Contraband‑‑Dispute existing about the quantity of Heroin secured from accused and the quantity which was sent to Chemical Examiner‑‑Prosecution having no objection to grant of bail, same was allowed.

Syed Saeed Hassan for Applicant.

M.I. Memon, A.A.‑G. for the State.

The allegation against the applicant is that he was found in possession of 20 grams of Heroin at Bus Stop No. 2 in Moosa Colony, Federal 'B' Area, Karachi. Such case under section 3/4 Prohibition (Enforcement of Hadd) Order, 1979 has been registered and the case is pending against him. It is contended by Mr. Syed Saeed Hassan, Advocate for the applicant that in F.I.R. it is stated that a packet of Heroin was recovered from the applicant whereas in Mashirnama it is mentioned that one Puri was secured from the applicant. It has also been argued that the entire quantity of alleged Heroin was not sent to the Chemical Examiner. Mr. M.I. Memon learned A.A.‑G. has frankly stated that there is a confusion between the Mashirnama and the F.I.R. and it is also not clear how much quantity of Heroin was sent to the Chemical Examiner. In view of the circumstances stated above when there is a dispute about the quantity of the heroin secured from the applicant and it is also not clear how much quantity was sent to the Chemical Examiner. Learned A.A.‑G. has also no objection to the grant of bail. Applicant is admitted to bail in the sum of Rs.30,000 with one surety and P.R. in the like amount to the satisfaction of the learned Sessions Judge, West Karachi. The observations are of tentative nature and may not be considered by the trial Judge. The case to be decided on the evidence on merits.

M.Y.H./A‑35/K Bail granted.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.