2001 PLP 2324 (YLR)

RAJA MUHAMMAD SABIR, J.-- Muhammad Yousaf petitioner seeks post -arrest bail in case F.I.R. No.4 of 2001, dated 21-1-2001 registered under Articles 3/4 of Prohibition (Enforcement of Hadd) Order, 1979 read with 9(b) of Control of Narcotic Substances Act, 1997 at Police Station, Saddar Burewala.

2. Briefly, the allegation against the petitioner is that on receiving a secret information that the petitioner was selling heroin, a raid was conducted by Shahid Anwar, A.S.I. The petitioner tried to run away but was apprehended by the raiding party and on his personal search, heroin weighing 514 gins. and sale proceeds of Rs.240 were recovered from him. Out of the heroin, recovered from the petitioner, 1 gm. was sent to the Chemical Examiner for analysis. ,

3. Learned counsel for the petitioner contends that Mst. Halima Bibi wife of Allah Yar complained against Muhammad Hanif, S.H.O. of Police Station Burewala to the Anti-Corruption Establishment, District Vehari on 4-1-2001 to the effect that she had been wrongfully confined for four days and released after receiving Rs.30,000 as illegal gratification by the said S.H.O.; that Muhammad Yousuf petitioner is a prosecution witness of said illegal gratification, received by the S.H.O.; that a case was registered against Muhammad Hanif, S.H.O. on the basis of the aforesaid complaint vide F.I.R. No.24 of 2001 on 17-5-2001 under section 161, P.P.C. read with sections 5/2/47 of P.C.A. with Anti Corruption Establishment, Vehari; that on account of this grudge, the petitioner has been implicated in the instant case falsely by planting recovery of 514 grams of heroin on him; that the petitioner is in jail for more than seven months but the trial has not commenced so far; that the offence does not fall within the prohibitory clause; that the petitioner has never been involved previously in any case of this nature.

4. Learned counsel for the State has opposed the bail.

5. We have heard learned counsel for the parties and gone through the record. It is evident from the copy of the F. I. R. No. 24 of 2001, mentioned above, that the petitioner has been nominated as P.W. therein. The application on the basis of which said F.I.R. was registered was moved on 4-1-2001, whereas, the instant case has been registered on 21-1-2001 i.e. just after seventeen days of the said application. The petitioner has no criminal history indicating his involvement in any narcotics case. The quantity of heroin, allegedly recovered from the petitioner is only 514 grams. He is in jail for more than seven months. The plea of the petitioner that he has been falsely implicated in view of personal grudge of the S.H.O. of the same police station is not without force and makes it a case of further enquiry.

6. For the reasons stated above, we allow this petition and admit the petitioner to bail subject to his furnishing bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the trial Court. H.B.T./M-780/L Bail granted.