Al Wakeelo
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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: BOOTA MASIH VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Sh. Ijaz Nisar Title: BOOTA MASIH vs THE STATE Case No.: Crl. Misc. No,4903/B of 1992 Date of Judgment:1992-11-22 Reported As: 1993 P Cr. L J 1198 Result: Bail granted.
Judgment ORDER ' Boota Masih was arrested on 14-7-1992 and from his possession 490 grams of heroin was recovered. 2. Bait is urged on the ground that the recovery is fake and there is no public witness to the alleged recovery. Being a thoroughfare, the police could have easily procured the services of independent witnesses, it is maintained. 3. Learned counsel for the State submits that the petitioner is a habitual offender and was involved in cases of similar nature on earlier occasions. 4. Learned counsel for the petitioner states that the said cases were registered on account of enmity of the petitioner with the police and that he had not been convicted so far in any of the cases. The last case was registered as back as 1989. 5. Admittedly, there is no public witness to the alleged recovery. The requirement of associating public witnesses has been time and again emphasized by the superior Courts but without any effect. ' Since no further recovery is to be effected from the petitioner and he is not a previous convict, he is admitted to bail in the sum of Rs, one lac with two sureties in the like amount to the satisfaction of learned trial Court.
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