TALIB HUSSAIN Versus THE STATE

ORDER

On receiving a secret information that Talib Hussain alias Taliba petitioner was making sale of norcotics in graveyard known as Darbar Hazrat Peer Bachey Shah, Suraj Miani, Multan, Syed Hussain Shah S.I./S.H.O., Police Station Saddar Multan formed a raiding party comprising the members of police Force and surprised Talab Hussain, petitioner. He took into possession 20 grams .of heroin and 110 grams of opium vide memo attested by Zafar Iqbal, A.S.I. and Habib Ullah, Head Constable. He sent the complaint to Police Station Saddar Multan where F.I.R. No.208, dated 9-11-1994 was, registered under Article 3/4, of the Piohibition (Enforcement of Hadd) Order, 1979. The petitioner was arrested there and then whose bail plea has been rejected by the lower Courts and he has moved this -Court to try his luck to be admitted to bail.

2. I have heard the learned counsel for the petitioner as well as the learned State counsel and gone through the, record before me. In my confirmed view Article 3 of the Prohibition (Enforcement of Hadd) Order is not attracted to the instant matter as nobody purchased the heroin or opium from this petitioner. Even the other ingredients of said Article 3 are missing, and to this extent it seems to be an over doing on the part of the Police Officer. About the attraction of Article 4 of the Prohibition. (Enforcement of Hadd) Order, 1979; to the extent of taking into possession 110 grams of opium, keeping in view the said weight of opium the offence is bailable. Then remains the taking into possession of 20 grams of heroin. Even though secret information was received by Syed Hassan Shah, S.I./S.H.O. to the effect that, Talib Hussain petitioner was making sale of the norcotics he did not take the pains and did not care to join any person from the public to accompany him to the aforesaid place. It shows that the raid was conducted in routine. It is the admitted position that no other case of instant nature stands registered or is pending, against Talib Hussain petitioner accused. The recovery memo: has been attested; by two members of the police force. In the circumstances when the petitioner has to defend himself as well I hold that it is a fit, case for his admission to bail.

3. For what has been said above I accept this, application and admit Talib. Hussain petitioner to bail, in' the sum of Rs.20,000 (Rupees twenty thousand only) with one surety in the like amount to the satisfaction of the learned trial. Court with the direction to appear before, him on every date failing which this petitioner shall be .liable to face the legal consequences.

N.H.Q./T-107/L

Bail granted.