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Criminal Bail Application No. 1882 of 1986, decided on 19th January, 1987.
‑‑‑S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.4‑ Bail‑‑Contraband recovered not weighed at spot and whether quantity of contraband in dispute was same was yet to be established‑‑Report of Chemical Examiner not received although more than six months elapsed‑ Case adjourned three times previously for want of police papers‑‑Bail allowed in circumstances.
1986 P Cr. L J 1574 ref.
Muhammad Tufail Arain for Applicant.
A.R. Kazi, A.A.‑G. for the State.
According to the allegation of the prosecution the applicant was found in possession of 25 grams of Heroin. Admittedly, the contraband was not weighed at the spot but after it was secured by the police in presence of Mashirs, the same was sent to the Chemical Examiner for his report. The grievance of Mr. Muhammad Tufail Arain learned counsel for the applicant is that more than six months have passed but Chemical Examiner's report has not been received by the learned A.A.‑G. as yet. The previous orders of this Court show that the case has been adjourned three times since 28‑12‑1986 for want of police papers. Under the circumstances, I have no option but to grant bail to the applicant as it is still to be established whether the quantity of the contraband was the same as alleged in the F.I.R. Reliance has also been placed by the learned counsel for the applicant on 1986 P Cr. L J 1574. Under the circumstances, bail is granted to the applicant in the sum of Rs.1,00,000 with one surety to be furnished to the satisfaction of the trial Court.
M.Y.H./G‑13/K Bail granted.
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