S. 9(c)--Post-arrest bail, grant of--Previously non-convicted--No private witness--Further inquiry---No private person from has been cited as witness-

 PLJ 2021 Cr.C. (Lahore) 55

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497--Control of Narcotic Substances Act, 1997 (XXV of 1997),
S. 9(c)--Post-arrest bail, grant of--Previously non-convicted--No private witness--Further inquiry--Petitioner is first offender as there is nothing on record-about his previous involvement in such like cases--It has been pointed out that no time of alleged occurrence has been mentioned in body of complaint--Point agitated, by counsel regarding recovery of narcotics needs thorough scrutiny by trial Court--No private person from has been cited as witness--In this backdrop, guilt of petitioner needs further probe and his case calls for further inquiry--Investigation has already been completed and person of petitioner is no more required by police--Petitioner was arrested in this case on 04.07.2020 and since then he is in jail, however, there is no progress in his trial due to Covid-19--Further incarceration of petitioner in jail as under-trial prisoner would serve no useful purpose--Petition was allowed.

                                                                                               [P. 56] A

Hafiz Faisal Shabbir, Advocate for Petitioner.

Mr. Haroon Rasheed D.D.P.P for State.

Date of hearing: 3.9.2020.

 PLJ 2021 Cr.C. (Lahore) 55
Present: Ch. Mushtaq Ahmad, J.
IMTIAZ alias TAJOO--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 35271-B of 2020, decided on 3.9.2020.

Order

C.M. No. 01/2020

For the reasons recorded therein, the instant CM.; for placing on record additional documents is allowed subject to all just and legal exceptions.

Main case.

2. Through this petition, Imtiaz alias Tajoo accused in case FIR No. 289/2020 dated 04.07.2020 registered at Police Station Saddar Samundri, Faisalabad for the offence under Section 9-C, Control of Narcotic Substances Act, 1997 seeks post arrest bail.

3. As per FIR, petitioner was apprehended by police and on his personal search, 1460 grains ‘bhokhi’ was recovered.

4. Arguments heard. Record perused.

5. Petitioner is first offender as there is nothing on record-about his previous involvement in such like cases. It has been pointed out that no time of alleged occurrence has been mentioned in the body of complaint. Point agitated by learned counsel regarding recovery of narcotics needs thorough scrutiny by trial Court. No private person from has been cited as witness. In this backdrop, guilt of petitioner needs further probe and his case calls for further inquiry. Investigation has already been completed and person of petitioner is no more required by police. Petitioner was arrested in this case on 04.07.2020 and since then he is in jail, however, there is no progress in his trial due to Covid-19. Further incarceration of petitioner in jail as under-trial prisoner would serve no useful purpose.

6 For the reasons recorded above, petition in hand is allowed. Petitioner be released on 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 learned trial Court.

(M.M.R.)         Petition allowed