FALAK SHER Versus STATE

Falak Sher petitioner seeks bail in case F.I.R. No. 130 dated 26‑4‑1988 of Police Station Saddar, D.I. Khan.

2. Facts of the case are that on 26‑4‑1988, in pursuance of a spy information, Sarfraz Khan, S.H.O. of Police Station Saddar, D.I. Khan, conducted the search of the house of the petitioner which led to the recovery of 22 grams of contraband `heroin' and a small weighing scale from his house. The petitioner was arrested on the same day. Having failed to secure bail from the Courts below he has moved this criminal miscellaneous application.

3. The learned counsel appearing on behalf of the petitioner has contended that the recovery of the contraband `heroin' from the house of the petitioner was fictitious because the case has been registered against the petitioner at the instance of Zareef Khan who has also witnessed the recovery memo. and that the petitioner was on inimical terms with the said witness.

4. The learned counsel appearing on behalf of the State has argued that no material against Zareef Khan (P.W.) has been brought on the file to substantiate the plea of mala fides. He submitted that 22 grams of heroin was recovered from the house of the petitioner in consequence of legal search and that, therefore; he was not entitled to the concession of bail.

5. From the tentative assessment of the evidence brought on the file the petitioner does not seem to be entitled to the concession of bail. Prima facie the offence against him falls within the prohibitory clause of subsection (1) of section 497, Cr.P.C. The application is, therefore, dismissed. In the interest of justice however, it is directed that the trial of the petitioner should be completed within I three months.

S.A./814/P Bail refused.