Law: Criminal Procedure Code (V of 1898)

Section: 497 , 103

Criminal Procedure Code (V of 1898)-- ---Ss. 497 & 103---Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.3/4---Bail---Local respectables had not witnessed recovery memo.---Recovery memo. did not bear any note in writing about refusal to do so by persons associated with search and recovery and S:103, Cr.P C was thus not complied with---Accused was in judicial lock-up for about three months and was neither required by police for investigation nor was a previous convict---Report of Chemical Examiner was also not received so far---Accused was admitted to bail in circumstances. Muhammad Bashir v. State P L D 1986 Lah. 574 and Babar Islam v. The State 1985 P Cr. L J 2779 rel. Ghulam Hussain v. State Cr. Misc. No. 270-B of 1989/BWP and P L D 1987 Lah.492 ref. Muhammad Akhtar Chishti for Petitioner. Muhammad Akhtar Lodhi for the State. ORDER The brief facts of the bail petition are that an F.I.R. No.1/1989, dated 20-1-1989 was registered at P.S. Baghdad-ul-Jadeed, District Bahawalpur, under Article 3/4 Offence of Prohibition (Enforcement of Hadd) Order, 1979 against the petitioner Muhammad Aslam. According to the F.I.R. on receipt of a secret information that the petitioner was selling Heroin and Charas at his house, a fictitious customer was sent with a marked note of fifty rupees who purchased one .gram of heroin from the petitioner which- was taken into custody and sealed into a parcel in the presence of witnesses. Thereafter the house of the petitioner was raided after obtaining the search warrant. The petitioner was standing at the door of his house and on seeing the raiding party, he ran into his house, and that the raiding party pursued him into the house and took him into custody. On his personal search 11 Purris of heroin and a marked note of fifty rupees used by the fictitious customer was recovered and on the search of the petitioner's living room, 350 grams of Charas was recovered from under the cot alongwith a weighing scale made of empty tins of polish. The Heroin and the Charas thus recovered. was sealed into parcels and 11 grams of Heroin and 10 grams of Charas out of recovered 11 grams of Heroin and 350 grams of Charas respectively was…