MANSOOR AHMAD Versus CHIEF ADMINISTRATOR, AUQAF

ORDER

Having been an accused in case F.I.R. No.165/93 dated 30-ti-1993 registered at Police Station Nishtar Colony, Lahore under Article 3/4 of the Prohibition Order, 1979 Abdul Ghafoor has moved this Court under section 497/498, -Cr.P.C. for his release on bail, the same having been refused to him by the learned Additional Sessions Judge, Lahore.

2. The brief facts giving rise to this petition are that on 3-6-1993 when the Investigating Officer was present near Sufia Colony he received a secret information that the petitioner deals in norcotics and if raid is conducted a large quantity of Charas can be recovered from him. Accordingly, a raiding party was arranged who went to the house of the petitioner and on the pointation of the informant the petitioner was apprehended outside his house and on his personal search, nothing incriminating was recovered, but at the asking of the police the petitioner led the raiding party to his residential house and from there he got recovered twenty kilos of Charas in a ginny box lying underneath his bed which was taken into possession by the police and the present case was registered.

3. It was contended that the case against the petitioner falls under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 as the recovery of the Charas was effected not from the public place but from the house of the petitioner and the offence with which he is charged is punishable to two years with whipping not exceeding 30 stripes so the petitioner is entitled to be released on bail.

4. The learned State Counsel conceded this proposition of law.

5. After having heard the learned counsel for both sides I have also gone through the record very minutely. I find that on spy information the I.O. conducted the raid and twenty kilos of Charas was got recovered by the petitioner from his house. Certainly the petitioner was arrested firstly from outside his house and thereafter he himself made a disclosure and led the police to his house and got recovered the Charas from his house. According to Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 if anybody possesses or keeps in his custody any intoxicant but not heroin or raw opium then he is punishable with imprisonment of two years only and that offence is I bailable.

6. Without going deep into the merits of the case and prima facie, finding the case against the petitioner falling under Article 4 of the Prohibition Order I direct that he shall be. enlarged on bail if he furnishes bail bonds in-the sum of Rs.1,00,000 with one surety in the like amount to the satisfaction of I A.C./Duty Magistrate, Model Town, Lahore.

N.H.Q./A-463/L Bail granted.