SAIFULLAH Versus STATE

ORDER

The petitioner is accused of offences under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 vide F.I.R. No.301/93, dated 4-8-1993, registered at Police Station Kotwali, District Jhang.

2. According to the F. I. R. in brief, 11 grams of heroin is alleged to have been recovered from the pocket of the petitioner.

3. The learned counsel for the petitioner and the State were heard at length in respect of the contentions raised herein. Admittedly, the F.I.R. was lodged by the complainant/Police officer after receipt of a secret information, but, nevertheless, without associating any independent witness of- the locality with the search and recovery alleged and as such it is'in violation of the provisions of section 103, Cr.P.C. read with subsection (4) of section 165, Cr.P.C. Further A taking into consideration, the alleged recovery of 11 grams of heroin, the case of the petitioner is not hit by the, prohibitory clause. In addition thereto, the petitioner has been in judicial custody for almost four months and is no longer required by the police; and that he is neither a previous convict nor a hardened criminal.

4. In view of what has been stated above, the petitioner is hereby allowed bail in the sum of Rs.30,000 with two sureties each in the like amount to the' 8 satisfaction of the A.C./Duty Magistrate, Jhang.

N.H.Q./S-387/L Bail allowed