MUHAMMAD SADDIQUE Versus STATE

ORDER

Post-arrest bail is being-sought by the petitioner having been arrested in the case registered vide F.I.R. No.147 of 2-8-1994 under Articles 3 of the Prohibition (Enforcement of Hadd) Order, 1979 at Police Station Pul 111 Junubi, District Sargodha alleging recovery of 11 grams of heroin from petitioner's possession upon a tip off around 2-30 p.m.

2. Contending that in the absence of any measuring scale or apparatus quantum of the alleged recovery is only by approximation therefore, its engulfment within the prohibitory clause is patently doubtful, despite the advance information no public witness was associated with the alleged recovery nor any effort in that regard appears to have been made thus renders the same doubtful, with the submission of challan is, no more required by the Investigating Agency on which count he has already suffered nearly four months incarceration with trial of the case being utterly out of sight.

3. Which has been opposed by the learned counsel appearing on behalf of the State reiterating the prosecution story without joining issue with the contentions urged.

4. Consequently persuaded by the submissions made petitioner is allowed bail upon furnishing bond in the sum of Rs.30,000 with two sureties each in the like amount to the satisfaction of the trial Court.

N.H.Q./M-1882/L Bail granted.