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Petitioner: SHAUKAT HUSSAIN VS Respondent: STATE
2000 P Cr
2000 P Cr. L J 953
[Peshawar]
Before Abdur Rauf Khan Lughrnani, J
SHAUKAT HUSSAIN---Petitioner
versus
THE STATE---Respondent
Criminal Miscellaneous Bail Application No.235 of 1999, heard on 20th December, 1999.
Criminal Procedure Code (V of 1898)---
----S. 497---Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.3-- Bail, grant of---Inspector C.I.A. had not been authorized by the Superintendent .of Police to investigate the case---Irrespective of the quantity of contraband heroin recovered from the accused, his case was, therefore, arguable for the purpose of bail--=Accused was released on bail in circumstances.
Mahboob Ali alias Booba v. The State 1997 PCr.LJ 942 ref,
Allah Nawaz Khan for Petitioner.
S. Saeed Hassan Sherazi, A.A.-G. for the State.
Date of hearing: 20th December, 1999.
JUDGMENT
On receipt of Murasila from Ghulam Qambar Khan, Inspector C.I.A., D.I. Khan, to the effect that he alongwith other C.I.A. contingents headed by~D.S.P. Muhammad Ashraf Khan was on routine Gasht of Illaqa near Kaciii Paida Khan when they saw a man in suspicious condition, he was stopped and searched, his personal search resulted in the recovery of heroin weighing 12 grams wrapped in plastic bag, he disclosed his name as Shaukat Hussain, herein petitioner, who was formally arrested and a criminal case under section 3 of the Prohibition (Enforcement of Hadd) Order, 1979 was registered against him, vide F.I.R. No.460, at Police Station Cantt., D.I. Khan, on 15-10-1999.
2. After his arrest, he approached the forums below for his release on bail but could not succeed as both the forums below have rejected his request for the grant of bail. Hence the instant petition for the said relief.
3. Admittedly, the Inspector C.I.A., namely, Ghulam Qambar Khan, has not been authorized by the Superintendent of Police, D.I. Khan, to investigate the case. Reliance was placed on case reported as Mahboob Ali alias Booba v. The State 1997 PCr.LJ 942. This being the position, irrespective of the quantity of contraband heroin recovered from the petitioner, the petitioner's case is arguable for the purpose of bail. Accordingly, this petition is accepted and the petitioner is admitted to bail in the sum of Rs.one lac, with two sureties, each in the like amount to the satisfaction of the Illaqa/Duty Magistrate, who shall see that the sureties are local, reliable and men of sufficient means.
N.H.Q./27/P Bail granted,