SHAHID BALOCH vs THE STATE

ORDER

1. ' RAJA QURESHI, J.--- The present applicant Shahid Baloch son of Khuda Bux seeks bail in respect of Crime No,35 of 1996 registered at Railway Police Station under section 9 of the Control of Narcotics Substance Ordinance. The said ordinance stands replaced by the Control of Narcotics Substance Act. The allegation against the applicant is to have been found in possession of one Kg. Of heroin powder oh 2-10-1996 at 18-05 hours. Mashirnama of recovery was prepared in the presence of police officials and upon conclusion of the investigation the accused has been sent up to face trial before the Court of learned Special Judge Control of Narcotics Substances, Hyderabad.

2. ' The contention of the learned counsel representing the applicant is that the S.I.P. Zahid Hussain being of a rank of Sub-Inspector of Police was neither competent nor authorised to take search of the accused, register the case against him under the Control of Narcotics Substance Ordinance. He has further contended that at the scene of occurrence which is a railway platform there are always several hawkers and tither employees of the railway department who could have been joined as Mashirs to the recovery but have not been made Mashirs. His further contention before us is that one of the persons, namely, Muharim has been released on account of receipt of illegal gratification by the Investigating Officer. Mandatory provisions under section 103, Cr.P.C. Are stated not to have been complied with and consequently he submits that the case against the applicant is one of further inquiry. On the other hand, the learned State Counsel has vehemently opposed the grant of bail on the ground that the accused/applicant was caught red-handed by the police on the spot and the Police Officer who is S.-I.P. Is an authorised person to take steps in terms of arrest, recovery, investigate the same and challan the applicant.

3. That in so far as the provisions of section 103, Cr.P.C. Are concerned, under the Narcotics Substance Control Act, suffice it to say that section 25 of the Act provides an exception when it comes to deal with the provisions of section 103, Cr.P.C. Moreso, the Honourable Supreme Court of Pakistan has held that Police Officers are respectable persons unless their veracity could be A subjected 'to an arid test through the process of cross-examination at the stage of trial. Penalty for the alleged offence has been stated before us to be death. As such we do not find any reason which could place the case of the applicant within the scope of further inquiry as contemplated by sub-clause

(2) to section 497, Cr.P.C. Consequently, the bail application is hereby dismissed. However, the learned trial Court is directed to examine the complainant within a period of one month from the date of receipt of this order whereafter it will be open to the applicant to repeat his application for bail.