1995 P Cr (PLP)

While on `Gashat' of the area in the company of three constables Manzoor Ahmad, A.S.I. Police Station City Haroonabad was present at Fauji Chowk City Haroon Abad, Zulfiqar Ali petitioner-accused arrived towards the said Chowk and on seeing the police party wanted to slip away. The suspicion was infused. Zulfiqar petitioner was apprehended whose person was searched. 40 grams of heroin was taken into possession vide memo attested by Manzoor Ahmad Constable and Mukhtar Ahmad. Constable. One gram of heroin was sealed in one parcel and remaining was sealed in another parcel. The site plan was prepared. The complaint was sent to the S.H.O., Police Station City, Haroonabad. F.I.R. No.90, dated 3-6-1995 was registered under Article 3/4 of Prohibition (Enforcement of Hadd) Order 1979. Obviously Zulfiqar Ali petitioner was arrested there and then. His bail plea has been rejected by the Sessions Judge, Bahawalnagar. He has filed this petition to try his luck to be admitted to bail.

2. I have heard the learned counsel for the petitioner as well as learned State counsel and gone through the record before me. At the very outset I express that Article 3 of Prohibition (Enforcement of Hadd) Order 1979 is not attracted to the present matter. Learned counsel for the petitioner has rightly canvassed that even though the petitioner was apprehended and arrested from Fauji Chowk no person from the public was joined at the time of the alleged recovery and this aspect of the matter is entitled to be given due weight in favour of the petitioner. As admitted by the learned State counsel there is no other case of the instant nature registered or pending against Zulfiqar Ali petitioner. The recovery memo was attested by two police constables. No doubt, they are respectable persons but they being on `Gashat' in the area alongwith Manzoor Ahmad, A.S.I./complainant the veracity of the statements of the three Police Officers shall have to be tested by the weapon of cross examination. No doubt the Police Officers of every rank are respectable persons, but the law has to take its course. To exemplify the confession made before any Police Officer is inadmissible in evidence under Article 39 of the Qanun-e-Shahadat Order, 1984. The yardstick for the disposal of the bail application is incorporated under section 479, Cr.P.C. and testing the matter thereon I am inclined to admit the petitioner to bail.

2. I, therefore, accept this application and admit Zulfiqar Ali Shah petitioner to bail in the sum of Rs.25.000 (Rupees twenty-five thousand only) with one surety in the like amount to the satisfaction of the Assistant Commissioner/Duty Magistrate, Haroonabad District Bahawalnagar with the direction to remit the bail bond after attestation to the Sessions Judge, Bahawalnagar so that the same are added to the judicial file. In case the petitioner would absent on any date during the trial, the trial Court shall be at liberty to cancel his bail. H.B.T./Z-165/L Application accepted.