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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD AKHTAR VS Respondent: THE STATE
1997 P Cr
1997 P Cr. L J 735
[Lahore]
Before Rao Naeem Hashim Khan, J
MUHAMMAD AKHTAR---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.460/B of 1995, decided on 13th June, 1995.
Criminal Procedure Code (V of 1898)---
----Ss. 497(2) & 103---Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.3/4---Bail, grant of---Enmity of accused with the police was established because of filing of a Constitutional petition in High Court against the S.H.O. by the wife of the accused---Raiding party had violated the mandatory provisions of S.103, Cr.P.C. by not associating any respectable of the locality in recovery proceedings---Only one gram of heroin out of 17 grams had been sent to Chemical Examiner for analysis---Case against accused in circumstances was one of further inquiry and he was admitted to bail accordingly.
Syed Mushtaq Ahmad Zaidi for Petitioner.
Mehr Muhammad Salim for the State.
ORDER
Petitioner has sought post-arrest bail in a case registered against him vide F.I.R. No. 198, dated 22-10-1994 under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order 4 of 1979 at Police Station Saddar, Multan.
2. It is submitted by the learned counsel for the petitioner that petitioner is innocent and has been involved by police with mala fide intention because the petitioner's wife Mst. Nasreen Bibi filed a Writ Petition No.2628 of 1994 titled Mst. Nasreen Bibi v. S.H.O. in the High Court; that none from the public has been associated during the recovery proceedings by the raiding party; that only one gram of heroin out of 17 grams was sent to Chemical Examiner for analysis and has requested for grant of bail to the petitioner.
3. The contentions are opposed by the learned State Counsel.
4. I have heard the arguments and gone through the file. The enmity of the petition is established because of filing of Writ Petition No.2678 of 1994 qua S. H. O. Police Station Chehliak etc. the raiding party did not associate any respectable of that locality and has violated the mandatory provisions of section 103, Cr.P.C. Only one gram of heroin out of 17 grams was sent to the Chemical Examiner for analysis, which makes the case of the petitioner doubtful and that of further inquiry. This being the position, the petitioner is admitted to bail subject to furnishing his bail bonds in the sum of Rs.25,000 (Rupees twenty-five thousand only) with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Multan.
5. The observations made in this order shall not affect the merits of the case.
N.H.Q./M-2163/L Bail allowed.