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1986 MLD 1152

MUHAMMAD ASLAM alias BILLU vs THE STATE

Petitioner: MUHAMMAD ASLAM alias BILLU VS Respondent: THE STATE

Court: Lahore High Court Decision Date: 1986-04-08

Full Judgment Text & Judicial Ruling

Court Name: Lahore High Court Judge(s): Muhammad Rafique Tarar Title: MUHAMMAD ASLAM alias BILLU vs THE STATE Case No.: Criminal Miscellaneous No,732/B of 1986 Date of Judgment:1986-04-08 Reported As: 1986 MLD 1152 Result: Bail allowed

JUDGMENT

JUDGMENT ' Muhammad Aslam alias Billu petitioner has moved this petition for bail in a case registered against him under Articles 3 and 4 of the Prohibition (Enforcement of Hudood) Ordinance, 1979. 2. The prosecution version is that on 30-11-1985 Muhammad Suleman A.S.I. Received secret information that the petitioner was selling Heroin near Jamia Ashraf-ul-Madaris. Thereupon he proceeded to that site and apprehended the petitioner. On his personal search Heroin weighing 13 grams wrapped in r.Astic cover and a dagger were recovered from him. 3. Learned counsel for the petitioner contends that no witness from the public was associated and only Police officials have been cited as recovery witnesses. He further submits that the petitioner is in Jail for the last four months and is no more required for the purposes of investigation, therefore, he is entitled to the concession of bail. In support of the contention he has referred to Babar Islam v. The State 1985 P Cr. L J 2779. The learned State counsel has opposed the prayer for bail. 4. I have given my careful consideration to the submission mad by the learned counsel for the parties. The recovery memo. Has been attested by A .S.I. a Head Constable and a Foot Constable. No witnes from the public was associated in the recovery proceedings. The petitioner was arrested on 30-11-1985 and is in Jail since then. 5. In the circumstances, I feel inclined to the view that a case for his enlargement is made out. I, therefore, admit him to bail in the su of Rs,10,000 (rupees ten thousand only) with one surety in the lik amount to .The satisfaction of Assistant Commissioner, Okara.

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