ASGHAR ALI Versus THE STATE

ORDER

1. The applicant is facing trial under Article 3/4 of Prohibition (Enforcement of Hadd) Ordinance, 1979.

2. According to the complainant A.S.I. Abdul Razzak, he received spy information on 31‑12‑1987 at 9.30 p.m. that a person was selling heroin behind the wall. The A.S.I. alongwith Head Constable Mukhtiar Ahmed and Niaz Muhammad Khan arrested the applicant and on his personal search secured 160 packets containing 60 grams of heroin which were recovered. A double‑edged dagger was also recovered from the applicant. After necessary investigation the applicant was challaned. He moved an application for bail before the IVth Additional Sessions Judge, Karachi (South) but the same was rejected vide order dated 11‑7‑1988.

3. It has been contended by Mr. Ziauddin Nasir that the prosecution story was absurd and out of two Mashirs, one was Police Head Constable, while the other did not belong to the locality. It was further contended that there is a discrepancy in the weight of heroin inasmuch as according to the F.I.R. 60 grams of heroin was recovered from the applicant, whereas the Chemical Report shows that the heroin sent for examination was 78.180 grams. This clearly shows that the heroin was either not weighed at the time of recovery or some mischief has taken place in between.

4. Mr. Zaheer Oureshi learned counsel appearing for the State has opposed the grant of bail to the applicant on the ground that the heroin recovered from the applicant was 60 grams and, therefore, his case was covered by prohibitory clause.

5. I have considered the contentions of the learned counsel. The F.I.R. shows that 60 grams of heroin was recovered from the applicant, whereas the Chemical Report shows that the heroin sent' for examination weighed 78.18 [0 grams. This clearly creates doubt about the honesty of Investigation.

6. In view of this aspect of the case, I am of the considered view that the case of the applicant requires further inquiry and, therefore, I direct that the applicant shall be released on bail on furnishing surety in the sum of Rs. 1,00,000 ' and (Rupees one lac.) P.R. Bond in the like amount to the satisfaction of the trial Court.

7. Before parting with this bail application, I would like to observe that I have come across number of cases in the recent past in which the I.O/Excise Officials did not weight the heroin at the time of recovery, with the result that there is a discrepancy, in the weight and thus the prosecution case is spoiled. It is high time that the Government should take serious action against such Officials who do not take care to weigh the heroin at the place of recovery. Let copy of this order be sent to the Home Secretary Government of Sind for necessary action.

8. M.Y.H./A‑390/K

9. Bail granted.