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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD ILYAS VS Respondent: STATE
1994 P Cr
1994 P Cr. L J 972
[Lahore]
Before Falak Sher, J
Master MUHAMMAD ILYAS---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.4366/B of 1993, decided on 11th December, 1993.
Criminal Procedure Code (v of 1898)---
----S. 497---Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.3/4-- Bail, grant of---Prima facie in the absence of particularised mala fides of any of the members of the raiding party, recovery of heroin from accused had constituted sufficient ground for believing his involvement in the offence rendering him disentitled to the concession of bail---Bail was declined to accused accordingly.
Muhammad Sharif Chaudhry for Petitioner.
Mirza Israr Baig for the State.
Date of hearing: 11th December, 1993.
ORDER
Bail was sought in. the case registered vide F.I.R. No.172 of 2-9-1993 under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 at Police Station Wahdat Colony, Lahore alleging recovery of 50 grams of heroin from the petitioner's person a known narcotic trader, by a police patrol around 12-55 p.m. contending lack of association of any public witness with the alleged recovery qua which Chemical Examiner's report is still awaited and with the submission of challan is no more required for investigation.
2. Prima facie in the absence of particularised mala fides with any of the members of the raiding party, the complained of recovery constitutes sufficient ground for believing petitioner's involvement in the offence charged renders him disentitled to the sought for concession.
3. Conversely the interest 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 conclude the proceedings by the end of February, 1994 furnishing report thereof to the Registry.
N.H.Q./M-1391/L Bail declined.