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Petitioner: MUHAMMAD FAYYAZ VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Sajjad Ahmad Sipra Title: MUHAMMAD FAYYAZ vs THE STATE Case No.: Criminal Miscellaneous No,4466/B of 1993 Date of Judgment:1994-01-23 Reported As: 1994 MLD 1290 Result: Bail allowed
Judgment ORDER ' The petitioner is accused of offences under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 vide F.I.R. No,195, dated 11-9-1993 registered at Police Station Qila Dedar Singh, District Gujranwala. 2. The learned counsel for the petitioner and the State were heard at length in respect of the contentions raised herein. Admittedly, the alleged recovery is of five grams of heroin and as such the instant case is not hit by the prohibitory clause, the punishment for the same being two years' R.I.; and that there is nothing on the record even, prima facie, to make out a case of any attempt by the petitioner to sell heroin and as such the applicability of Article 3 A ibid calls for further inquiry. Furthermore, although the petitioner was apprehended pursuant to the raid, on receipt of a secret information, yet the alleged recovery is in violation of section 103, Cr.P.C. Read with subsection (4) of section 165, Cr.P.C. In addition thereto, the petitioner has been in judicial custody for over four months and is no longer required by the police and that he is neither a previous convict nor a hardened criminal. 3. Therefore, pursuant to what has been stated above, the case of the petitioner is duly covered under the provisions of subsection (2) of section 497, in Cr.P.C. Hence, the petitioner is hereby allowed bail in the sum of Rs,30,000 with two sureties in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate, Gujranwala.