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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: ZULFIQAR ALI VS Respondent: THE STATE
1994 P Cr
1994 P Cr. L J 1863
[Lahore]
Before Sh. Ijaz Nisar, J
ZULFIQAR ALI ---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.1904/B of 1994, decided on 24th May, 1994
Criminal Procedure Code (V of 1898)---
----S. 497---Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.3/4--- Bail, grant of---Accused had already been acquitted by Special Judge, Customs of the charge under the Custom's Act, inter alia, on the ground that the place of recovery was not in exclusive possession of the accused---Accused was also found innocent during investigation---Accused was admitted to bail in circumstances.
Hina Jillani for Petitioner.
Miss Raana for the State.
ORDER
Zulfiqar Ali accused was arrested on 11-3-1989 by the Rangers under Customs Act and section 3/4 of the Prohibition (E.O.H.) Order, 1979 on the allegation that at his pointation 78 Kg. heroin was recovered from underneath a stack of Bhoosa from his Dera.
2. It is stated that the case is based on false allegations and that the petitioner was tried by the Special Judge Customs, Lahore under the Customs Act but was acquitted on 16-11-1993. It is further stated that he had been found innocent during investigation by Kh. Maqsood Anwar, Investigating Officer (P.W.5). It is stated that the learned Special Judge Customs had not only acquitted him on the ground that the prosecution had failed to prove that the recovered heroin was of foreign origin but had also taken into consideration the other relevant factors, particularly, the fact that the Dera from which the alleged recovery had been made was not in the exclusive possession of the petitioner.
3. In the above circumstances, he is admitted to bail in the sum of Rs.one lac with two sureties in the like amount to the satisfaction of the learned trial Court.
N.H.Q./Z-126/L Bail allowed.