PLJ 2020 Cr.C. (Lahore) 1799
Control of Narcotic Substances Act, 1997 (XXV of 1997)--
----S. 9(c)--Post arrest bail, grant of--Allegation of--Recovery of charas--Report of FSA still awaited--Previously non-convicted--Petitioner is behind the bars since his arrest and his corpus is not required for investigation purpose--Conclusion of trial is also not in sight as admittedly statement of not even a single prosecution witness stands recorded till today--Petitioner incarcerated till indefinite period in such like case does hot look justified--Petition was allowed. [P. 1800] A
Mr. Javed Iqbal Malik, Advocate for Petitioner.
Ms. Umm-ul-Baneen, Deputy District Public Prosecutor for State.
Date of hearing: 22.1.2020.
PLJ 2020 Cr.C. (Lahore) 1799
Present: Syed Shahbaz Ali Rizvi, J.
versus
STATE and another--Respondents
Crl. Misc. No. 78593-B of 2019, decided on 22.1.2020.
Order
Through this petition, Muhammad Naeem petitioner seeks post arrest bail in case FIR No. 910 dated 1.10.2019 registered for offence under Section 9(c) of Control of Narcotic Substances Act, 1997, at Police Station Civil Line, District,
2. Allegation against the petitioner as per crime report is that on 1.10.2019, being suspicious petitioner was captured and on personal search 1250-grams of ‘charas’ was recovered from his possession.
3. Arguments heard. Record perused.
4.. The allegedly recovered ‘charas’ weighing 1250-grams is a bit more in weight than the mentioned under clause (b) of Section 9 of Control of Narcotic Substances Act, 1997 and the possibility of weighing the packing material with the narcotic cannot be ruled out. In this view of the matter, whether the case of petitioner falls within the purview of Section 9(b) or 9(c) of Control of Narcotic Substances Act, 1997, is a question yet to be looked in by the learned trial Court. Report of Punjab Forensic Science Agency regarding the recovered material has not been received so far. Though the learned Prosecutor has pointed out that in another criminal case of similar nature petitioner has been placed on probation yet she could not refer any previous conviction of the petitioner in any criminal case. Petitioner is behind the bars since his arrest and his corpus is not required for investigation purpose. Conclusion of trial is also not in sight as admittedly statement of not even a single prosecution witness stands recorded till today. In this view of the matter, keeping the petitioner incarcerated till indefinite period in such like case does hot look justified. Hence, this petition is allowed and the petitioner is admitted to post arrest bail subject, to his furnishing bail bonds in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of learned trial Court.
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