1990 P Cr (PLP)

Rana Ibrar Ahmad Khan for Petitioner Sami Ullah Khan for the State This is an application for grant of bail tiled by Bashir Ahmad in a case registered against him vide F.I.R. No.184/88, dated 8-12-1988 for an offence under Article 3/4 Prohibition (Enforcement of Hadd) Order of 1979, at Police Station Burki.

2. According to the F.I.R., the petitioner was arrested in a case under the Arms Ordinance and during interrogation, he disclosed that he could lead to the recovery of heroin from his house. He allegedly led the police party to his house and got recovered heroin weighing 140 grams, which was taken into possession by the police. Five grams of heroin was sent to the Chemical Examiner for analysis.

3. I have heard the learned counsel for the petitioner and the State.

4. The learned counsel for the petitioner pointed out that originally, in the F.I.R., only 140 grams of heroin was mentioned, but, subsequently, the record was tampered with and the figure was increased to 410 grams. The recovery memos were also changed and in cased quantity of heroin was falsely shown therein. I had sent for the original record pertaining to the F.I.R. It clearly shows tampering of the figures pertaining to the weight of the heroin. Muhammad Aslam, Moharrir/H:C. prima facie, appears to be responsible for tampering with the record. It is significant to mention that the certified copy of the F.I.R. obtained by the petitioner on 21-8-1989 also shows the weight of the heroin as 140 grams. The matter be brought to the notice of the Senior Superintendent of Police, City r Lahore, for appropriate legal action against the persons responsible for tampering with the record.

5. Even if it is assumed that only 140 grams of heroin was recovered from the petitioner, he is still not entitled to the concession of bail. He appears to be a hardened, desperate and dangerous criminal against whom 34 other criminal cases are pending. He was previously convicted in the case vide F.I.R. No.319/82 for an offence under section 379, P.P.C. at Police Station Baghbanpura. The conviction was recorded by Mr. Manzar Saecd, Magistrate 1st Class, Lahore, vide his order dated 18-1-1984, whereby the petitioner was sentenced to six months' R.I. The pendency of 34 other cases and the petitioner's conviction in the above referred case was suppressed by the petitioner. The S.H.O. Police Station Burki has, today, placed on the record F.I.R. pertaining to 25 cases in which the petitioner is an accused person. He states that he could not obtain the F.I.R. of nine other cases against the petitioner. In this view of the matter, there is no merit in this petition, which is dismissed.

3. A copy of this order be sent to the Senior Superintendent of Police, City Lahore, for necessary action in the light of the observation made in para 4 above H.B.T./B-191/L Petition dismissed.