ZAFARIQBAL Versus THE STATE

The petitioner seeks post-arrest bail in a case which was registered against him vide F.I.R. N0.361, dated 17-9-1993 under Article 3/4 of Prohibition (Enforcement of Hadd) Order, 1979 at Police Station Khanqah Dogran.

2. Briefly allegation against the petitioner is that 185 grams heroin was allegedly recovered from, the possession of the petitioner when the police party raided his premises. The learned counsel for the petitioner contended that the petitioner was found innocent during the investigation conducted by D.S.P. Circle vide his Zimni, dated 4-12-1993 and this finding of the police was later on affirmed by Muhammad Aslam Sahi, D.S.P., C.I.A. in the final Zim4 hence the case against the petitioner is one of further enquiry and the petitioner is entitled to the grant of bail.

3. Learned counsel for the State has opposed this application on the instruction of the Police Officer and submitted that the finding of the police is not binding on the Court. He further contended that the police has not given any reason while coming to this conclusion that the heroin was planted on the petitioner.

4. I have heard the learned counsel for the parties and perused the police file minutely. Admittedly two gazetted officers of the police arrived at the conclusion on the basis of some material that the involvement of the petitioner is of dubious character and the possibility cannot be ruled out that the alleged A heroin might have been planted upon the petitioner by the police party which had no public witness with them. In the presence of this finding the case against the petitioner is one of further enquiry, so the petitioner is admitted to bail in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of A.C.,. Sheikhupura.

N.H.Q./Z-124/L Bail allowed.