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Petitioner: MUHAMMAD YOUSAF VS Respondent: STATE
1994 P Cr
1994 P Cr. L J 1077
[Lahore]
Before Falak Sher, J
MUHAMMAD YOUSAF---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.3986/B of 1993, decided on 8th November, 1993.
Criminal Procedure Code (V of 1898)---
----S- 497---Prohibition (Enforcement of Hadd) Order (4 of 1979), Art3/4..- Bail, grant of---In the absence of any particularised mala fides against any of the members of the raiding party, red-handed arrest of the accused with the reported recovery had constituted sufficient grounds for believing his involvement in the offence charged falling within the prohibition contemplated by S.497(1), Cr.P.C. which had disentitled him to the concession of bail---Bail was declined to accused accordingly.
Ashfaq Bokhari for the State.
ORDER
Bail is being sought in the case registered vide F.I.R. No.92 of 22-3-1993 under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 at Police Station Rajana, District Toba Tek Singh alleging recovery of 15 grams of heroin from the petitioner's possession alongwith Rs.14 cash by a raiding party around 11-30 a.m. who, upon query, divulged the same having been supplied by Mazhar Abbas pursuant whereto he too was arrested with_12 grams of heroin.
2. Contending false involvement at the instance of local narcotic traders, non-association of any public witness with the alleged recovery on which count he has already suffered 7 months incarceration.
3. I am afraid in the absence of any particularised mala fide against any of the members of the raiding party, red-handed arrest with the reported recovery constitutes sufficient grounds for believing petitioner's involvement in the offence charged falling within prohibition contemplated by section 4970), Cr.P.C. renders him disentitled to the sought for concession.
4. Conversely, the interests of justice would seem to be better served if the case is expeditiously concluded. Consequently, declining bail the learned trial Court seized of the matter is required to finalise the proceedings by 31-12-1993 furnishing compliance report thereof to the Registry.
N.H.Q./M-1390/L Bail refused.