PLJ 2021 Cr.C. (Note) 94
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497--Control of Narcotic Substances Act, (XXV of 1997), S. 9(c)--Bail after arrest, grant of--Allegation of--Recovery of charas weighing 1040 grams--Allegedly, police contingents apprehended petitioner and recovered Charas weighing 1040 grams from his possession--quantity of recovered Chars was slightly higher to upper limit of Section 9-B of Control of Narcotic Substances Act, 1997, which might have been exceeded or weighed along-with polythene bag just to show higher quantity for purpose to bring instant case under ambit of Section 9(c) of Act ibid--Petitioner is previously non-convict and only one case is pending against him--petitioner is behind bars since his arrest without any substantial progress in trial--Challan has already been submitted before trial Court--At this juncture physical custody of petitioner is not required to police any more for further investigation and his further incarceration would serve no useful purpose for prosecution--Bail was allowed. [Para 4] A
Malik Aftab Abbas Khan, Advocate for Petitioner.
Mr. Iftikhar-ul-Haq, APG for State.
Date of Hearing: 15.3.2018.
PLJ 2021 Cr.C. (Note) 94
[Lahore High Court, Multan Bench]
Present: Muhammad Tariq Abbasi and Asjad Javiad Ghural, JJ
versus
STATE, etc.--Respondents
Crl. Misc. No. 1358-B-2018, decided on 15.3.2018.
Order
Through instant petition under Section 497, Cr.P.C., petitioner Muhammad Ishaq has sought post-arrest bail in case FIR No. 638 dated 09.12.2017 in respect of an offence under Section 9-C of the Control of Narcotic Substances Act, 1997 registered at Police Station Saddar Khanewal, District Khanewal.
2. Brief allegation against the petitioner is that on 09.12.2017 at 02:45 a.m, he was apprehended by the police contingents and Charas weighing 1040 grams was recovered from his possession along-with Rs.5,100/-.
3. We have heard the learned counsel for the petitioner as well as learned Additional Prosecutor General appearing for the State and have perused the record.
4. Allegedly, the police contingents apprehended the petitioner and recovered Charas weighing 1040 grams from his possession. The quantity of recovered Chars was slightly higher to the upper limit of Section 9-B of The Control of Narcotic Substances Act, 1997, which might have been exceeded or weighed along-with the polythene bag just to show higher quantity for the purpose to bring the instant case under the ambit of Section 9(c) of the Act ibid. The petitioner is previously non-convict and only one case is pending against him. The petitioner is behind the bars since his arrest without any substantial progress in the trial. The challan has already been submitted before the learned trial Court. At this juncture physical custody of the petitioner is not required to the police any more for further investigation and his further incarceration would serve no useful purpose for the prosecution.
5. For the foregoing reasons, this petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bond in the sum of Rs. 1,00,000/-(rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.
(A.A.K.) Bail allowed
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