AZIZULLAH Versus STATE

ORDER

Bail is being sought in the case registered vide F.I.R No. 73 of 7‑6‑1994 under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 at Police Station Daud Khel, District Mianwali alleging recovery of 2 kilograms of ' Charas' from petitioner's possession by a police patrol upon a tip off while housed in his hotel around 4‑30 p.m.

2. Contending that despite the advance information no private person with the alleged recovery having been associated renders it, amenable to doubt; Article 3 is not attracted for lack of any evidence as to sale; the complaint of commodity doesn't attract the prohibition contemplated by proviso 2 of Article 4 (ibid), with the submission of challan is no more required by the Investigating Agency on which count he has already suffered nearly 6 months' imprisonment while commencement of the trial is beyond sight.

3. Which has been opposed by the learned counsel appearing on behalf of the State without joining issue with the contentions urged.

4. In view whereof petitioner is allowed bail upon furnishing bond in the sum of Rs.30,000 with two sureties each in the like amount to the satisfaction of the trial Court.

H.B.T./A.842/L Bail granted.