2006 PLP 1234 (YLR)

SH. ABDUR RASHID, J.

Umar Hayat, petitioner seeks bail after arrest in case F.I.R. No.3, dated 2-1-2005 under sections 6/9 of the C.N.S.A. registered at Police Station, Ravi Road, Lahore.

2. According to the prosecution allegation set up in the F.I.R. on 2-1-2005 at 7-5 p.m. Zulfiqar Ali, A.S.-I., Police Station, Ravi Road, Lahore, made a complaint stating therein that while he along with Nazir Ahmad, Constable No.4865 and Javed Iqbal, Head Constable No.2252, was on patrol duty near Muslim Commercial Bank, he saw the petitioner coming from Ravi Road side who upon seeing the police tried to slip away but he apprehended him with the help of the accompanying police officials. Upon search 20 kg. of Poppy Straw (Post) was recovered from his bag which was taken into possession and out of the said contents 1/4 kg. Poppy straw was separated and made it into a sealed parcel and sent the same to the office of the Chemical Examiner for analysis and according to the report of the Chemical Examiner the contents was to be that of Poppy Straw.

3. It is pleaded that the petitioner has been falsely implicated in this case and that there is no material connecting the petitioner with the occurrence and the allegation against the petitioner is mere recovery of 20 kg. of Poppy straw which is highly doubtful since no independent person has witnessed the recovery. Further contends that in view of 1999 PCr.LJ 626 an A.S.-I. is not competent to detain, search and arrest the petitioner and that the offence does not fall under the prohibitory clause and the petitioner is in judicial lock-up and his person is no more required by the police for the purpose of' investigation.

4. The perusal of the record reveals that the investigation in this case has been conducted ,by Zulfiqar Ali, A.S.-I. and Malik Muhammad Muzaffar, Inspector/ Incharge, Investigation of Police Station, Ravi Road. The Zimins and statements of witnesses under section 161, Cr.P.C. which are shown to have been recorded by Inspector Malik Muhammad Muzaffar, in fact, are not in his handwriting. On inquiry he has admitted that due to high sugar level he did not record the ziminis himself but had dictated the same to one of his subordinates and he only signed the same. The entire record appears to have been prepared in a suspicious manner. Therefore, the petitioner is admitted to bail in the sum of Rs.25,000 with two sureties each in the like amount to the satisfaction of the trial Court. H. B.T. /U-29/L?????????????????????????????????????????????????????????????????????????????????? Bail granted.