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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: HAZRAT SHAH VS Respondent: STATE
1992 M L D 356
1992 M L D 356
[Karachi]
Before Allahdino Memon, J
HAZRAT SHAH---Applicant
Versus
THE STATE---Respondent
Criminal Bail Application No.1192 of 1990, decided on 2nd December, 1990.
Criminal Procedure Code (V of 1898)--
----S. 497---Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.3/4-- Bail, grant of---F.I.R. and Mashirnama, admittedly did not show that 20 grams of heroin mentioned in those two documents was a net weight of heroin powder but it consisted of `Puries' as well---Whether or not actual net weight of heroin as alleged was 10 grams or more was yet to be seen---Case being of further inquiry, bail was granted to accused.
Shaikh Ghulam Sabir for Applicant.
Shaukat H. Zubedi, AA.-G. for the State.
ORDER
The applicant is facing trial under Article 3/4 (of the Prohibition Order) before the learned IIIrd Assistant Sessions Judge, Karachi (East), on the allegation that 20 grams of heroin was recovered from him.
It has been contended by the learned counsel appearing for the applicant, that 20 grams of heroin mentioned in the F.I.R. and Mashirnama is not a net weight of heroin but it consisted of Puries as well, and therefore, it cannot be said at this stage with certainty that the heroin powder recovered from the applicant was 10 grams or more than that. Therefore, it is a case of further inquiry.
Mr. Shaukat H. Zubedi learned AA.-G. appearing for the State has conceded to the grant of bail to the applicant in view of the above circumstances.
I have considered the contentions. It is an admitted position that the F.I.R. and Mashirnama do not show that 20 grams mentioned in the two documents is a net weight of heron powder but it consists of Puries as well. I am, therefore, of the considered view that it is yet to be seen whether the actual net weight of heroin as alleged was 10 grams or more. I therefore, direct that the applicant shall be released on bail on furnishing surety in the sum of Rs.50,000 and P.R. Bond in the like amount to the satisfaction of the learned trial Judge.
H.B.T./H-296/K Bail granted.