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Criminal Miscellaneous No. 1959‑B of 1986, decided on 23rd July, 1986.
‑‑‑S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3 & 4‑‑West Pakistan Arms Ordinance (XX of 1965), S. 13‑‑Bail, grant of‑‑Police recovering Heroin in a raid on premises of accused and later on recovering .12 bore double barrel gun and 90 grams of Heroin from him‑‑Separate case registered against him‑‑Co‑accused not named in F.I.R. registered against accused‑‑Investigating Officer stating before High Court that accused came at police station at 2‑30 p.m. while case was registered against accused at 12‑30 p.m.‑‑Held, it was a fit case for further inquiry to ascertain as to guilt or 'innocence of accused‑ Accused allowed bail in circumstances.
Syed Ashiq Hussain Rizvi for Petitioner.
Muhammad Shah Nawaz for the State.
Date of hearing: 23rd July, 1986.
This is a petition for the grant of bail on behalf of Mushtaq Ahmad who stands arrested in a case under Articles 3 and 4 of Prohibition (Enforcement of Hadd) Order, 1979, read with section 1 of Arms Ordinance, 1965, registered at Police Station Krishan Nagar, Lahore vide F. I. R No. 195, dated 28‑5‑1986, for his bail plea has been declined by the lower Court.
2. According to prosecution S.I. Shafique Ahmad with other police officials and one Muhammad Riaz, a public witness, raided the house of one Faisal on 28‑5‑1986 for the recovery of Heroin. Faisal allegedly escaped throwing his bag at the spot from which 1110 grams of Heroin was recovered. Faisal's wife Mst. Nagina was arrested the same day. Case against said Faisal and Mst. Nagina was registered vide F.I.R. No. 193 the same day. About 20 minutes, later, the petitioner was allegedly found present in the same house from whose possession .12 bore double barrel gun and 90 grams of Heroin was recovered and the instant case i.e. F.I.R. No.185/86 was registered.
3. It is contended on behalf of the petitioner that the petitioner is a taxi driver and S.I. Shafique Ahmad had hired the same from 15th to 19th May, 1986, and refused to pay the hire charges whereupon there took place a quarrel between them and the petitioner made a complaint against said Shafique Ahmad to his higher officers and on this account he has falsely implicated him in the instant case and that the Heroin said to have been recovered from the petitioner, in fact, was planted on him by S.I. Shafique Ahmad from the quantity of Heroin which was left behind by Faisal while escaping from the spot. Learned counsel had highlighted the fact that Cr.M. No.22‑H‑86 regarding illegal confinement of Mst. Nagina etc. was filed in this Court against said Shafique Ahmad, who was also issued with a contempt notice. Shafique Ahmad in para. 3 of his written reply to the notice, averred that the bailiff visited C.I.A. Staff at 2‑30 p.m. on 28‑5‑1986 and that he had returned from Kahna on that day only 2/3 minutes before the visit of the bailiff. According to the learned counsel, this fact is sufficient to explode the myth of the whole case which allegedly registered at 12‑30 p.m. against the petitioner at Lahore. Learned counsel appearing on behalf of the State has opposed the petition saying that since the quantity of Heroin recovered from the petitioner is more than 10 grams, therefore, he has committed offence punishable with imprisonment for life and as such his case is covered by prohibitory clause of section 497, Cr.P.C.
4. I have carefully considered facts and circumstances of the case. In view of the facts, that the petitioner's name does not appear in the earlier F.I.R. (No. 193, dated 28‑5‑1986) registered at 12‑10 p.m.; and that S.I. Shafique Ahmad complainant's stand before the High Court in Cr. No. 22‑H‑86 that he had returned on the said date from Kahna 3 minutes before the visit of bailiff at 2‑30 p.m. make the case of the petitioner fit for further inquiry to ascertain as to his guilt or innocence. Consequently, I allow this petition. It is directed that the petitioner be released subject to his furnishing bail bonds in the sum of Rs.25,000 with two sureties each in like amount to the satisfaction of A . C. /Duty Magistrate, Lahore.
S. A./744/L Bail granted.
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