--S. 9(c)--Post arrest bail--Allowed--Recovery of charas---Petitioner is in jail since his arrest and his continuous detention for indefinite period would be unfair--

 PLJ 2021 Cr.C. (Lahore) 298

Control of Narcotic Substances Act, 1997 (XXV of 1997)--

----S. 9(c)--Post arrest bail--Allowed--Recovery of charas--Advance punishment--Non-corroboration of report of Punjab Forensic Science Agency--Exercising of discretion--Quantity of alleged contraband charas recovered from petitioner marginally exceeds from one kilogram and thus this would be interesting question for trial Court to determine if case of petitioner falls under Section 9(b) or 9(c) of CNSA, 1997--Record is silent if case property was put on scale with or without wrapper--Petitioner is behind bars since his arrest and no body can be detained in jail by way of advance punishment--investigation in this case is complete--report of Punjab Forensic Science Agency does not wholly corroborate prosecution version--Petitioner is in jail since his arrest and his continuous detention for indefinite period would be unfair--Case of petitioner is also not hit by embargo of Section 51 of CNSA, 1997, thus, Court is inclined to exercise its discretion in favour of petitioner--Petition was allowed.            [Pp. 298 & 299] A

Mr. Javed Iqbal, Advocate for Petitioner.

Ms. Noshi Malik, Deputy Prosecutor General for Respondents.

Date of hearing: 30.9.2019.

 PLJ 2021 Cr.C. (Lahore) 298
Present: Sardar Ahmed Naeem, J.
ZAIGHAM ABBAS--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 49280-B of 2019, decided on 30.9.2019.

Order

Zaigham Abbas, petitioner seeks post arrest bail in case F.I.R. No. 326, dated 18.6.2019 under Section 9(c) of Control of Narcotic Substances Act, 1997 registered at Police Qilla Deedar Singh, district Gujranwala.

2. Allegedly, 1120 grams charas was recovered from the petitioner.

3. Having heard the arguments addressed at the bar and after perusing the record, it was noticed that the quantity of the alleged contraband charas recovered from the petitioner marginally exceeds from one kilogram and thus this would be interesting question for the

learned trial Court to determine if the case of the petitioner falls under Section 9(b) or 9(c) of CNSA, 1997. The record is silent if the case property was put on the scale with or without wrapper. The petitioner is behind the bars since his arrest and no body can be detained in jail by way of advance punishment. The investigation in this case is complete. The report of Punjab Forensic Science Agency does not wholly corroborate the prosecution version. The petitioner is in jail since his arrest and his continuous detention for indefinite period would be unfair. The case of the petitioner is also not hit by the embargo of Section 51 of CNSA, 1997, thus, I am inclined to exercise my discretion in favour of the petitioner.

4. For the foregoing reasons, the application is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs. 2,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court/Deuty Judge.

(Y.A.)  Petition allowed