Law:

Section:

Keywords: Procedure, Prohibition, Concession Of Bail, Registered, Petitioner, Enforcement, Recovery, Place, Order, Nomination, Trial Court, Selling, Fictitious, Petition, Prosecution, Period, Information ORDER CHAUDHRY MUHAMMAD SARWAR, J.- This application has been filed under section 497 Cr. P.C. By Muhammad Tufail alias Fauji, for his release on bail in case FIR No. 573/92 dated 17.10.1992 registered at police station Bhai Pheru, Tehsil Pattoki, District Kasur against him under Article 3/4 of the Prohibition (Enforcement of Hadd) Ordinance, 1979 for the recovery of 200 grams of heroin. 2. Succinctly stated prosecution case is that following information that heroin was being sold by the petitioner at Tonga Stand within the area of village Lambe Jageer, police station Bhai Pheru, a raiding party consisting of police officials was arranged and after making a constable as a fictitious customer sent him to the petitioner for the purchase of narcotics with a marked currency note of the de-nomination of Rs.50/- to purchase the heroin. The rest of the member of the raiding parly concealed themselves at a point where from the petitioner and the fictitious customer were easily available. No sooner did the fictitious purchaser purchased the heroin from the petitioner than all the members of the raiding party over powered the petitioner and recovered the marked currency note from him as well as heroin weighing 200 grams. 3. The learned counsel for the petitioner contended mainly that the petitioner is in the judicial lock-up for a period of 10 months and yet the trial has not yet commenced, so he is entitled to the concession of bail. It was also argued that the recovery is fake and there is no public witness to the alleged recovery. Being a…

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