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Criminal Miscellaneous No. 1856/B of 1986, decided on 20th July, 1986.
--S. 497--Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3 & 4--Bail, grant of--Heroin recovered from shop of co-accused--Accused only servant at shop--No independent witness--Nothing was to be recovered from accused--Case of accused, held, was of further inquiry- Bail allowed to accused in circumstances.
Shah Ahmad Khan Baloch for Petitioner.
The petitioner is involved in a case under section 3/4 of Prohibition of Enforcement of Hadd Order 4 of Ordinance, 1979. The allegation is that the Excise Department raided on 8-5-1986 the shop of one Adbul Waheed and recovered Heroin from him and the petitioner. It is stated that the petitioner was not the owner of the shop but was only a servant engaged since 21-4-1986. Abdul Waheed has already been arrested and is in jail. There was no independent witness as far as the petitioner is concerned. So, the petitioner's case requires further inquiry.
2. Riaz Ahmad, Head Constable, P.S. Aab Bari, Faisalabad states that Heroin was recovered from the petitioner and nothing more is to be recovered from the petitioner now.
3. After hearing the learned counsel for the petitioner, it seems that it is a case of further inquiry as far as the petitioner is concerned. In the circumstances, the petitioner is allowed bail in the sum of Rs.20,000 with two sureties in the like amount to the satisfaction of the Assistant Commissioner/ Duty Magistrate, Faisalabad.
S.A Bail granted.
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