Find a Lawyer

Criminal Miscellaneous No.1121/B of 1985, decided on 23rd June, 1985.

---S.497--Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.3/4--Possession and sale of norcotics--House from where norcotics recovered belonging to accused--Trial nearing completion and case fixed for arguments--Counsel for accused stating that an application was made by accused for further cross-examination of prosecution witnesses--Grant of bail to accused at such stage, held, would not be proper especially when accused was trying to recall prosecution witnesses for cross-examination--Bail refused.

Iftikhar Ali Sheikh for Petitioner.

Sh. Muhammad Nawaz for the State.

Date of hearing: 23rd June, 1985.

This is a petition for bail on behalf of Mohammad Muzaffar, an accused under section 3/4 Prohibition Order, 1979 arising out of F.I.R. No.886, dated 5-11-1984 Police Station Civil Lines, Faisalabad. It is alleged that Qaiser, a co-accused of the present petitioner, while in police custody in a case pertaining to F.I.R. No.885 disclosed that he alongwith his brother Khalid and Mst. Manzoor Fatima wife of Muzaffar indulged in sale of drugs in latter's house. A raiding party was, therefore, organized. Qaiser accused led the said party to the house of Muzaffar petitioner. He knocked at the door which was opened by Mst. Manzoor Fatima accused (since dead). On seeing the Police party, Muzaffar petitioner and Khalid accused scaled over the wall and ran away. Qaiser accused and the Police party entered the house. Qaiser dug out a bag containing one Killo of Herion, 20 killos of Charas and 10 Killos opium from the courtyard of the house. He also dug out another place in the house and took out a pitcher which contained 20 Killos of Charas and 10 Killos of opium. Thereafter the present case was registered. Mst. Manzoor Fatima was also arrested. Muzaffar petitioner and Khalid accused were arrested latter during investigation. Mst. Manzoor Fatima, it is stated died in Police custody during investigation. Qaiser accused is in judicial lock-up. Khalid accused was allowed bail on the ground that the house from where the narcotics were recovered did not belong to him. However, the present petitioner did not succeed in his plea for bail. Hence this application. It is contended that the case of present petitioner was identical to that of Khalid accused who has already been allowed bail and that Mst. Manzoor Fatima was not the wife of present petitioner. It is further contended that the house from where the incriminating drugs were recovered was neither owned nor possessed by the petitioner. It is, therefore, argued that the petitioner be allowed bail in this case. The learned counsel for the State has opposed this petition.

2. The prosecution case is that Mst. Manzoor Fatima was the wife of Muzaffar petitioner. At the time when Qaiser accused led the Police party for recovery of the narcotics, Muzaffar and Khalid managed to run away whereas Mst. Manzoor Fatima was arrested at the spot. The presence of Mst. Manzoor Fatima and Muzaffar petitioner at the time of raid indicate that the house was in possession of Muzaffar petitioner. The question whether Mst. Manzoor Fatima was wife of Muzaffar or not will be determined after recording of defence evidence. I am informed by Muhammad Ashraf ASI that the trial is complete and the case is fixed for arguments. The learned counsel for the petitioner, however, states that although the trial is complete but an A application for recalling of the prosecution witnesses for further cross-examination has already been made and the trial cannot, therefore, be considered as nearing completion. As the trial is nearing completion, I do not think it will be proper at this, stage to allow bail to the petitioner specially when he is trying to recall the prosecution witnesses for cross-examination. He may, if allowed bail, try to win over the witnesses. I, therefore, find no merits in this petition which is accordingly dismissed.

M.Y.H./M-346/L Petition dismissed.

Find a Lawyer Near You

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