GHULAM SHABBIR Versus THE STATE

ORDER

Chiragh Ali, A.S.-I., Police Station Mahmood Kot, District Muzaffargarh in the company of his two subordinates was on Gasht of the area on 26-11-1994 at 6-30 p.m. when he received a secret information that one person was present who was making -sale of heroin and was also an addict to the same. He surprised that person and overpowered him who was none else than Ghulam Shabbir petitioner. He searched his person and took into possession 25 small packets each containing one gram of heroin. One gram of heroin was sealed in one parcel which was sent to the Chemical Examiner while the remaining heroin was sealed in another parcel. The memo. of recovery was prepared which is said to have been attested by both the police subordinates. The complaint was sent to the S.H.O. Police Station Mahmood Kot where F. I. R. No. 185, dated 26-11-1994 was registered under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979. Obviously Ghulam Shabbir petitioner was arrested on 26-11-1994. His bail plea has been rejected by the lower Court and he has filed this petition before 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. The only ground canvassed by the learned counsel for the petitioner for his admission to bail is his continuous detention for over a period of one year. Learned State counsel has expressed that the name of the petitioner is mentioned in the F.I.R. In my view an accused who is neither a hardened criminal nor a desperate person is entitled to be admitted to bail as of right under proviso 3 to subsection (1) of section 497, Cr.P.C. when the continuous period of his detention exceeds one year and the trial has not concluded. In this regard the reliance is also placed on the ruling published as Munir Ahmad v. The State 1988 PCr.LJ 293. Consequently I hold that this petition merits to be accepted on the aforesaid statutory ground.

3. I therefore, accept this application and admit Ghulam Shabbir petitioner-accused to bail in the sum of Rs.15,000 with one surety in the like amount to the satisfaction of the trial Court with the direction to appear before him on every date of hearing failing which he shah be liable to face the legal consequences.

N.H.Q./G-316/L Bail allowed.