FAREED KHAN Versus THE STATE

ORDER

1. As per F.I.R. No.22 of 1987 dated 26-9-1987 the applicant was found coming out from his Jhuggi with a bag which contained 750 Puris of heroin powder weighing one gram each. Two packets out of the so recovered heroin Puris from the possession of the applicant were sent to Chemical Analyser. Later on when the raiding party entered into the Jhuggi of the applicant 100 grams of powder was also recovered from the possession of the applicant. The bail application presented to the learned Sessions Judge (East) Karachi, failed. The learned Sessions .Judge was influenced by the fact that the accused alongwith his bag came out from Jhuggi when he was apprehended by the Excise Police and heroin was secured from the bag and from his personal search. The co-accused Gut Nawaz has been enlarged on bail on consideration of the fact that the offence, if any, committed by him of possessing the narcotic article was inside the Jhuggi.

2. Mr. A.A. Mohammadally, learned A.A.-G. opposes the bail application on the grounds that 750 grams of heroin powder was recovered from the possession of the applicant when he was outside his Jhuggi and since the offence is punishable for life imprisonment hence the bail cannot be granted at this stage.

3. Learned counsel for the applicant on the other hand, placed reliance on a decision of the Federal Shariat Court in P L D 1987 FSC 7 and on another decision of this Court in 1986 P Cr. L J 899. In the latter case out of 15 packets of heroin allegedly recovered from the accused two packets had been sent to Chemical Analyser for examination and report as has been done in the instance case. A learned Single Judge of this Court in the above-referred latter case admitted the accused applicant to bail in consideration of the fact that only two packets out of 15 packets had been sent to Chemical Analyser. Reliance was also placed on a decision in P L J 1984 Cr.C. (Lah.) 283 wherein bail was granted by a learned Single Judge on consideration that only a little quantity of suspected material was forwarded to Chemical Analyser.

4. Having heard the arguments of the learned counsel for the parties and after perusal of the above-referred decisions cited at the Bar it is obvious that the trend of the Court appears to be that if a negligible quantity of the heroin is sent to Chemical Analyser for report then it is only that part of the recovered heroin powder which can be taken into consideration for the purposes of refusing or granting the bail. Since in this case 750 different Puris were recovered from the possession of the applicant, the learned counsel for the applicant seems to be correct in arguing that there can be no guarantee that each and every Puri contained heroin. He also submits that the weight is not separately given as no Mashirnama has been prepared, to that effect.

5. Considering the facts of the case as they appear on the record and mentioned above I think notwithstanding the 750 Puris of one gram each having been allegedly recovered from the possession of the applicant, he is entitled to the grant of bail.

6. I would, therefore, admit the applicant to bail subject to his furnishing two sureties in the sum of Rs.1,00,000 each with P.R. bond in the like amount to the satisfaction of the trial Court.

7. S.G.D./F-38/K ???????????????????????????????????????????????????????????????????????????????????????????????? Bail allowed.