Law:

Section:

Keywords: Evidence, Discretion, Petition, Factum, Order, Orders, Prohibition, Enforcement, Petitioner, Competent Jurisdiction, Provisions, Unlawful, Life Imprisonment, Imprisonment, Registered, Change, Procedure, Plea, Concession Of Bail, Offences, Prosecution, Investigation, Jurisdiction, Selling, Evaluation, Prima Facie, Commission, Parties, Cancellation Of Bail, Magistrate, Trial Court, F.I.R, Cancellation Result: Petition dismissed THIS JUDGMENT DELIVERED BY: Munawar Ahmed Mirza, Justice------------- Petitioner is apprehended in connection with a case registered by Levies authorities on the complaint dated 23-10-1988 lodged by Sub-Divisional Magistrate, Turbat under Articles 3/4 of Prohibition (Enforcement of Hadd) Order, 1979. According to prosecution petitioner was caught 'red-handed' through a fake customer while selling huge quantity of 'Heroin'. Initially petitioner was released by learned Sessions Judge, Turbat vide order dated 26-11-1988, but subsequently petition seeking cancellation of bail moved by Sub-Divisional Magistrate was accepted by learned Sessions Judge vide order dated 19-12-1988 which has now been assailed. 2. Mr. Iftikhar Muhammad, learned counsel for petitioner emphatically contended that petitioner did not violate concession of bail granted to her on 26-11-1988, therefore, subsequent cancellation was unwarranted. He canvassed that while granting bail trial Court had duly considered relevant facts available on record. Since there was no change in the circumstances, therefore, cancellation was unlawful. He argued that in the absence of Chemical Examiner's report, recovered substance cannot be definitely deemed heroin. Learned counsel further canvassed that provisions of section 497/498, Cr.P.C. Otherwise provide concession to a woman but trial Court ignored all these aspects while passing order dated 19-12-1988. Besides on the plea of first offender reliance was placed on the observation in case Babar Islam v. The State 1985 PCr.LJ 2779. Whereas learned .A.A.-G. Vehemently opposing bail application maintained that contents of F.I.R. And evidence secured during investigation amply establish participation of petitioner in actual sale of…

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