SHARAFAT ALI Versus THE STATE

ORDER

This is an application for grant of bail to Sharafat Ali petitioner in a case under Article 3/4 of the Prohibition (Enforcement of Hadd), Order, 1979, registered at P.S. Chung, Lahore vide F.I.R. No. 186/87, dated 14‑7‑1987.

2. The prosecution case is that the petitioner was trading in heroin. He sold 20 grams of heroin to a Cake customer and on seeing the raiding party, he threw 30 grams of heroin on the ground and made his good his escape.

3. Learned counsel for the petitioner submits that the story of the prosecution that the petitioner made good his escape although one Excise Inspector and 5 others were present there, does not ring true; that there was ho occasion for the petitioner to throw 30 grams of heroin on the gro4nd; that no parade for the identification of the petitioner was held. 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 have not been able to persuade myself to agree with the learned counsel for the petitioner. I find that the name of the petitioner is very much mentioned in the F.I.R. and as such there was no necessity for identification parade; that in the F.I.R. it has been stated that the petitioner had sold 20 grams of heroin to a fake purchaser; that the witnesses mentioned in the F.I.R. have supported the allegations against the petitioner in statements recorded Under section 161, Cr.P.C. and that the bail cannot be granted on account of probability of the story of the prosecution being true and that the alleged offence falls within the! prohibitory clause of section 497, Cr.P.C:

For what has been said above, without making expression of opinion, lest it may Prejudice the merits of the case. I feel that it is not a fit case for grant of bail to the petitioner. The petition is dismissed.

S. A . /S‑259 Bail refused.