SHABBIR AHMAD Versus SENIOR CIVIL JUDGE
ORDER
This order will dispose of bail applications (Criminal Miscellaneous No. 1935/B of 1989), moved by Manzoor Ahmad and (Criminal Miscellaneous No. 1950/B of 1989) moved by Muhammad petitioner in a case under section 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979, section 13 of the Arms Ordinance, and sections 13 and 14 of the Dangerous Drugs Act, 1930 as amended in 1983.
2. The prosecution case is that on a disclosure made by Manzoor Ahmad petitioner his Dera was raided on 2‑9‑1988 wherefrom Charas; heroin and opium were recovered at his instance. Charas and opium was also recovered from the possession of Muhammad petitioner who was found present there.
3. Bail is pleaded on the grounds that the case is based on false allegations and politically motivated. Manzoor Ahmad petitioner who was Chairman Union Council Bucheki wanted to contest the general election but was prevented by the registration of this false case against him. Though the arms were allegedly made at the same time and place, all of his sons were separately challaned for being found in possession of narcotics. They were also challaned in the Arms Act, though the arms recovered from them were licensed in their names. Manzoor Ahmad petitioner is said to be 70 years of age. His son Hassan with similar allegation was admitted to bail by this Court on 9‑4‑1989. Muhammad is also behind the bars since the same day. They are said to be not previous convicts. The alleged recovery was not made from the public place but from the house of Manzoor Ahmad petitioner. No search‑warrants were obtained for making the search nor was any public witness joined to attest the recovery.
4. In the circumstances narrated above the bail petitions are granted Manzoor Ahmad petitioner is admitted to bail in the sum of Rs. one lac with two sureties in the like amount to the satisfaction of A.C., Sheikhupura while Muhammad ‑petitioner in the sum of Rs.30,000 with two sureties in the like amount to the satisfaction of A.C., Sheikhupura.
SA./M‑1549/L Bail granted