MUHAMMAD ISHAQUE Versus State

ORDER

The learned counsel for petitioner in support of this petition submits that the petitioner has been falsely implicated in this case; he is sixty one years of age and behind the bars for the last 7 months. The learned counsel further contends that a quantity of 250 grams of post was recovered from petitioner, which was sent to the Chemical Examiner, who reported that it contained .0816 % of narcotic/ Morphine, hence the petitioner is entitled to bail.

2. On the other hand the learned counsel for A.N.F. submits that according to Full Bench judgment of this Court in case Khalil Ahmad v. State PLD 2005 Lahore 440 specially Heading (F) there is no need for ascertaining the quantity of narcotic in the post, which is sent to Chemical Examiner. It has been held that the post is itself narcotic substance. In this view of the matter, prima facie, the petitioner is involved in the case falling within the prohibitory clause. He is, therefore, not entitled to the concession of bail. This petition is dismissed.

H.B.T./M-91/L Bail refused.