RIAL AHMAD Versus THE STATE

ORDER

This is an application for grant of bail to Riaz Ahmad petitioner in case under Article 3/4 of Prohibition (Enforcement of Hadd) Ordinance, 1979 registered at Police Station Cantt. Bahawalpur vide F.I.R. No. 56 of 1988.

2. The prosecution case is that the petitioner was found keeping 4 kilograms charas on 25‑3‑1988.

3. Learned counsel for the petitioner submits that the offence does not fall within the prohibitory clause of section 497, Cr.P.C. and that the petitioner has falsely been involved because he had made complaint against the police before the registration of case. Learned counsel for the State has opposed this application.

4. I have considered the submissions made by the learned counsel‑ for the parties with care. I Tina that the offence of keeping 4 kilograms of charas does not fall within the prohibitory clause of section 497, Cr.P.C.; that the petitioner is in jail since 25‑3‑1988 and is no more required for investigation.

5. For what has been said above, the petitioner is allowed bail in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Bahawalpur.

S.A./R‑104/L Bail granted.