ZAFAR IQBAL Versus THE STATE

ORDER

Bail is being sought in the case registered vide F:I.R. No376 of 9-9-1994 under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 at Police Station Khanqah Dogran, District Sheikhupura alleging recovery of 15 grams of heroin from petitioner's possession upon a tip of around 9 a.m. within immediate vicinity of a local Church.

2. Contending that in the absence of any evidence as to sale Article 3 is not attracted, quantum of the alleged recovery being only an approximation for lack of any scale or measuring apparatus the case does not fall within the prohibitory clause on which count the petitioner has already suffered nearly 3 months' imprisonment, non-association of any public witness with the alleged recovery despite the populous area, nor any effort in this regard seems to have been made renders the prosecution case doubtful, with the submission of challan is no more required by the Investigating agency.

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

4. In view whereof 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./Z-139/L Bail allowed.