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Criminal Bail Application No. 1866 of 1986, decided on 1st January, 1987.

‑‑‑S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Art. 4‑ Bail‑‑Contraband in possession of accused recovered from his house‑ Offence not committed at a public place so as to make it cognizable under Art. 4 of Prohibition Order‑‑Bail allowed.

1985 P Cr. L J 1553 ref.

‑‑‑S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.4‑‑ Bail bond, amount of‑‑Trafficking in narcotics‑‑Trafficking in narcotics becoming common and persons dealing in such drugs becoming a menace for entire society, amount of bail bond in such cases, held, should be fixed with due regard to frequent occurrence of such cases.

Muhammad Ali Sheikh for Applicant.

Sarfraz Ahmed A.A.‑G. for the State.

The applicant stands charged for committing offence under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 for being found in possession of 80 Puris of Heroin powder allegedly recovered from his house. Admittedly, the case was not cognizable as only those offences punishable under Article 4 are cognizable which have been committed at a public place. Reliance in this connection has been placed on 1985 PCr.LJ 1553 wherein a learned Single Judge of this Court granted bail to the accused under similar circumstances.

Under the circumstances, it is directed that the applicant be, released on bail. However, as cases of trafficking in narcotics are becoming common these days and it hardly needs to be emphasised that persons dealing in such drugs are a menace for the entire society in the country, therefore, the amount of bond should be fixed with due regard to the frequent occurrence of such cases. The applicant shall, therefore, furnish one surety in the sum of Rs. 1,00,000 to the satisfaction of the trial Court.

M.Y.H./4‑5/K Bail allowed.

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