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Petitioner: HAZRAT ALI KHAN VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Allah Dino G. Memon Title: HAZRAT ALI KHAN vs THE STATE Case No.: Criminal Bail Application No.1242 of 1988 Date of Judgment:1989-01-10 Reported As: 1989 MLD 3246 Result: Application rejected
Judgment ORDER The applicant is facing trial under Article 3/4 of Prohibition (Enforcement of Hadd) Order, 1979 on the allegation that he was found in possession of 100 grams of Heroin on 5-9-1988. The applicant moved an application for bail before the learned trial Judge but the same was rejected. It has been contended by Mr. Taza Gul Khattak learned counsel appearing for the applicant that it is not known as to how much quantity of Heroin was taken as sample to be sent to the Chemical Examiner. It was further contended that the applicant was minor and therefore he was entitled to bail. Mr. Abdul Ghafoor Mangi learned, AA.G. Appearing for the State has vehemently opposed the grant of bail to the applicant on the ground that the entire Heroin was sent to the Chemical Examiner and the report is in positive. That the medical certificate shows that the age of the applicant is 16 to 17 years. That the incident is a recent incident. The case has not yet proceeded and therefore, the applicant is not entitled to bail. I have considered the contentions of the learned counsel. There is nip provision of the Prohibition Order under which it was mandatory for the Investigating Officer to send a particular quantity of Heroin as sample to the Chemical Examiner. The medical certificate issued by the Medical Superintendent Services Hospital clearly shows that the age of the applicant is 16 A to 17 years. The offence is punishable with imprisonment for life. The incident is a recent incident and the case has not yet proceeded. Therefore no case is made out for bail and the application is accordingly rejected.
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However, the applicant will be entitled to repeat his bail application before the learned trial Judge after complainant and one mashir are examined. N.H.Q./H-145/K