MUHAMMAD NAKKI Versus STATE

ORDER

1. JAVID IQBAL, J. --This petition for leave to appeal has been filed by Haji Mohammad Nakki petitioner against order, dated 5th October, 1987 of learned Single Judge of the Lahore High Court, Multan. Bench rejecting his application for bail.

2. Briefly the facts are that a case is registered against the petitioner under Article 3 of the Prohibition (Enforcement of Hadd) Order, 1979 read with section 14/2/30 of Dangerous Drugs Act and section 13 of the Arms Act on 21st May, 1987. The charge against him is that in a police conducted raid 15 grams of heroin was recovered from the person of the petitioner alongwith an unlicensed carbine. Later, on his disclosure 480 grams of heroin was recovered from the house of the petitioner. Both the Courts below had dismissed his application for bail.

3. Learned counsel for the petitioner submits that the case against the petitioner is false and that it was a result of political enmity with a former Minister of Punjab Cabinet namely Sh. Saeed Ahmad, M.P.A. It is submitted that the petitioner is a municipal councilor and that his political enemy manoeuvred with the D.S.P., Multan City, and that the D.S.P. had asked the petitioner not to contest the forthcoming Municipal Elections otherwise he would bear the consequences. According to the learned counsel the petitioner was falsely implicated in this case as a result of that threat. It was contended that the S.H.O. Police Station Lohari Gate, Multan without any search warrants raided the house of the petitioner and instead of recovering any heroin stole gold ornaments there from. One of the recovery witnesses of the alleged recovery of heroin from the house of the petitioner had placed on record his affidavit to the effect that the recovery was take and that the other witness of the recovery was a stock witness of the police. Learned counsel further submitted that the father of the petitioner had already made complaints to the higher authorities and he also filed a writ petition praying that a case be registered against the aforesaid D.S.P. and the S.H.O. but this writ petition had also been dismissed by the learned Judges of the Lahore High Court, Multan Bench.

4. We have carefully considered the arguments of the learned counsel. All these pleas had been raised by him before the learned Single Judge of the High Court and were properly and carefully attended to. After hearing the learned counsel as well as Mr. S.M. Zubair, Additional Advocate-General, Punjab, we are of the view that no interference is called for in the exercise of the discretion of the learned Single Judge in this case for not allowing bail to the petitioner.

5. The petition is, therefore, dismissed.

6. H . I . / M-241 / S Petition dismissed.