--Post arrest bail, grant of--Charas weighing 1380-grams was recovered from the ihata of one “I” but meanwhile informer (petitioner) managed to flee away from the spot--

 PLJ 2022 Cr.C. 336

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

----S. 497--Control of Narcotic Substances Act, (XXV of 1997), S. 9(c)--Post arrest bail, grant of--Charas weighing 1380-grams was recovered from the ihata of one “I” but meanwhile informer (petitioner) managed to flee away from the spot--Police got recovered Charas weighing 1380-Grams from a paiti which was laying in the ihata of one “I” and same was not recovered from the exclusive possession of the petitioner--He is behind the bars since his arrest and is no more required by the police for further investigation-Bail accepted.            [Pp. 336 & 337] A, B & C

Khawaja Qaiser Butt, Advocate for Petitioner.

Madam Asmat Parveen, Deputy District Public Prosecutor for State.

Date of hearing: 13.7.2021.

 PLJ 2022 Cr.C. 336
[Lahore High Court, Multan Bench]
Present: Safdar Saleem Shahid, J.
SAMAR ABBAS--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 4641-B of 2021, decided on 13.7.2021.

Order

Samar Abbas petitioner seeks post arrest bail in case FIR No. 269/2021 dated 21 06.2021 offence under Section 9-C of CNSA, 1997, registered at Police Station Siray Sidhu, District Khanewal.

2. Arguments heard. Record perused.

3. According to prosecution case, on 14.05.2021, on the basis of information provided by the petitioner, a raid was conducted by the police and thereafter Charas weighing 1380-grams was recovered from

the Ihatha of one Muhammad Imran but meanwhile informer (petitioner) managed to flee away from the sopt. During interrogation the respectables of the locality informed the police that alleged Narcotic substance was not belonging to said Muhammad Imran, rather same was kept in the house of Muhammad Imran in order to falsely implicate him in the case. Police got recovered Charas weighing 1380-grams from a Paiti which was lying in the Ihatha of one Muhammad Imran and same was not recovered from the exclusive possession of the petitioner. The petitioner was not apprehended at the spot, therefore, serious question of identification is involved in this case. There is no evidence available on record that petitioner was previously known to the police. Petitioner was nominated in the instant FIR on the basis of information provided to the police by secret informer whose statement under Section 161, Cr.P.C. is not available on record. Veracity of such evidence against the petitioner would be adjudged by the learned trial Court after recording the prosecution evidence. Allegedly petitioner is not previously involved in such like cases and is first offender. He is behind the bars since his arrest and is no more required by the police for further investigation. No useful purpose would be served by keeping the petitioner in jail for an indefinite period. In view of above, case of the petitioner comes within the ambit of further inquiry. Reliance is placed on case titled "Sakina Bibi vs. The State" (2008 SCMR 1111).

4. For what has been discussed above, this petition is accepted and petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- (Rupees one lac only) with one surety in the like amount to the satisfaction of learned trial Court However, it is clarified that the observations made hereinabove are tentative in nature and strictly confined to the disposal of this bail petition.

(K.Q.B.)          Bail granted