--S. 497--Control of Narcotic Substances Act, (XXV of 1997), S. 9(c)--Bail after arrest, grant of--Allegation of--Recovery of charas 1280 grams-

 PLJ 2022 Cr.C. 395

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 1280 grams--Investigation was completed and further in carceration of petitioner is of no consequence to prosecution's case--Narcotic substance (charas) allegedly recovered from petitioner weighing 1280 grams is marginally above upper limit of Section 9(b) of CNSA, 1997--Petitioner in the lightof law has made out his case for release on bail.                                                                                          [P. 396] A

PLJ 2018 SC 812.

Mr. Nadeem Ahmad Tarar, Advocate for Petitioner.

Malik Mudassir Ali, Deputy Prosecutor General for State.

Date of hearing: 5.8.2021.

 PLJ 2022 Cr.C. 395
[Lahore High Court, Multan Bench]
Present: Anwaarul haq pannun, J.
MUHAMMAD ASLAM--Petitioner
versus
STATE, etc.--Respondents
Crl. Misc. No. 4982-B of 2021, decided on 5.8.2021.

Order

The petitioner Muhammad Aslam seeks his release on post arrest bail in case/FIR No. 471, dated 20.06.2021, registered at Police Station Saddar Jalalpur Pirwala, District Multan, for offence under Section 9(c) of The Control of Narcotic Substances Act, 1997 (hereinafter to be called as C.N.S.A, 1997).

2. Precisely the allegation against the petitioner is that on suspicion, he was apprehended and charas weighing 1280 grams was recovered from his possession.

3. Arguments heard. Record perused.

4. The narcotic substance (charas) allegedly recovered from the petitioner weighing 1280 grams is marginally above the upper limit of Section 9(b) of C.N.S.A, 1997. The petitioner in the light of law laid down in the case reported as "Saeed Ahmad vs. State through P.G Punjab and another" (PLJ 2018 SC 812) has made out his case for his release on bail wherein the apex Court has observed as under:

"The record reveals that the petitioner has been found in possession of 1350 grams of charas. Since the substance recovered marginally exceeds 1 kg. we doubt petitioner could be awarded maximum sentence provided by the statute. The fact that he has been in jail for more than seven months and his trial is not likely to be concluded in the near future would also tilt in favour of grant of bail rather than refusal. "

5. The investigation is already complete and further incarceration of the petitioner is of no consequence to the prosecution's case Resultantly, subject to his furnishing bail bonds in the sum of
Rs. 100,000/-(rupees one lac) with one surety in the like amount to the satisfaction of learned trial Court, the petitioner is admitted to post arrest bail and this petition stands allowed.

(A.A.K.)          Bail allowed