MUHAMMAD SAEED Versus STATE
ORDER
1. Applicant Muhammad Saeed, who is accused in F.I.R. NO-12/93 under section 3/4 of Prohibition (E.O.H.) Ordinance, 1979, has approached this Court for bail after a similar application served on his behalf is dismissed by the VIth Additional Sessions Judge, Karachi (South) on 30th August, 1993.
2. Azizullah Baloch, Inspector, Special Anti-Narcotics Team, who lodged F.I.R. on behalf of the State, stated that on getting spy information that some persons were selling heroin, he called two witnesses Abdul Jabbar and Muhammad Hafeez and went towards the given place. He spotted two persons going on Vespa Scooter towards Mewashah Graveyard. The said two persons were given signal to stop but they tried to escape. They were surrounded by the Excise party and one of the two persons riding the motor-cycle on the rear seat, who was identified as Muhammad Yousuf alias Yousif Bengali fled away and while fleeing, threw a packet on the road. On the search of Muhammad Saeed, who was driving the scooter, and who was stopped, two packets containing heroin powder were recovered. The plastic bag thrown by Yousif Bengali was opened and it contained two packets of heroin. The entire stuff was weighed which was found to be 40 grams. On 30-9-1993 this bail application was heard. It was pointed out by the applicant's learned Advocate that from the report of the Chemical Analyser it appears that the total weight of the heroin received in his office was about 12 grams. On the said date Inspector Azizullah Baloch was present in Court and was asked to state if he had delivered the entire quantity of 40 grams of heroin for chemical analysis. He stated that he himself delivered the entire stuff of 40 grams heroin in the office of the Chemical Analyser on 26-8-1993. It was, in these circumstances that the presence of the Chemical Analyser was considered necessary and notice was issued to him. Dr. Suresh Kumar, who is Officer Incharge of Chemical Bacteriological Laboratory and Chemical Analyser, Karachi, is present in Court and has been heard. He has pointed out that two packets were received in his office on 26-8-1993. The net weight of the first packet was 5.6 grams while that of the second packet 4.980 grams, making net weight of the total quantity received in his office about 10 grams. The Investigating Officer delivered the recovered heroin in the office of the Chemical Analyser on 26-8-1993 and Abdul Aziz, Junior Clerk, who received the same acknowledged to have received a total quantity of 40 grams. The discrepancy about weight of heroin delivered for chemical analysis has gone unresolved and 30 grams of allegedly recovered heroin is not accounted. In the circumstances, applicant's case requires further enquiry and .I am inclined to grant him bail as there are no reasonable grounds to believe that applicant is guilty of the offence with which he is charged. He shall be so released if he furnishes one surety in the sum of Rs.1,00,000 (Rupees one lac) with P.R. bond in the like amount to the satisfaction of the trial Court.
3. The Secretary, Health, Government of Sindh and the Director, Excise and Taxation, Karachi shall hold an enquiry into the matter and find out as to which of the Officers is responsible for shortage of the heroin powder and take appropriate legal action against such officers. The enquiry shall be completed within a period of 3 months from today and the result of enquiry acid the action taken shall be communicated to this Court.
4. N.H.Q./M-1880/K Bail granted.