S. 9(c)--Bail after arrest, grant of---Recovery of charas--According to prosecution case, petitioner was apprehended by police on suspicion and Charas weighing 5000-grams was recovered from his possession-

 PLJ 2022 Cr.C. 509

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

----S. 497(2)--Control of Narcotic Substances Act, (XXV of 1997),
S. 9(c)--Bail after arrest, grant of--Further inquiry--Allegation of--Recovery of charas--According to prosecution case, petitioner was apprehended by police on suspicion and Charas weighing 5000-grams was recovered from his possession--Perusal of recovery memo prepared by complainant I.O. reveals that signatures of said witnesses are not available there which makes case of petitioner that of further inquiry--Prior to registration of instant FIR, petitioner filed harassment petition bearing W.P. against S.H.O. Multan and others wherein petitioner took stance that respondents are adamant to involve him in frivolous cases just to show their efficiency--In these circumstances, false involvement of petitioner in instant case on basis of mala fides on part of complainant on account of his personal grudge with petitioner cannot be ruled out--Case of petitioner comes within ambit of further-Inquiry--Petitioner is behind bars, since his arrest and is no more required by police for further investigation--No useful purpose would be served by keeping petitioner in jail for an indefinite period--Bail accepted. [P. 510] A & B

Mr. Mehroz Aziz Khan Niazi Advocate for Petitioner.

Madam Asmat Parveen, Deputy District Public Prosecutor for State.

Date of hearing: on 12.7.2021.

PLJ 2022 Cr.C. 509
[Lahore High Court, Multan Bench]
Present: Safdar Saleem Shahid, J.
NAZAR ABBAS @ BABO--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 4435-B of 2021, decided on 12.7.2021.

Order

Nazar Abbas @ Babo, petitioner seeks post arrest bail in case FIR No. 388/2021 dated 27.03.2021 offence under Section 9-C of CNSA, 1997, registered at Police Station Gulgasht District Multan.

2. The allegation against the petitioner is that on 27.3.2021, complainant along with other police officials on suspicion searched the petitioner and recovered Charas weighing 5000 grams from possession of the petitioner.

3. According to prosecution case, petitioner was apprehended by the police on suspicion and Charas weighing 5000-grams was recovered from his possession which was taken into custody by the I.O and prepared recovery Memo. It has been noticed that Safdar Mehmood 378/HC and Faisal Kiani 347/HC were the members of the reading team and they were present at the spot during recovery proceedings and their names were mentioned on the recovery Memo. as witnesses. Perusal of recovery memo. prepared by the complainant/ I.O. reveals that signatures of said witnesses are not available there which makes the case of the petitioner that of further inquiry. Prior to registration of instant FIR, petitioner filed harassment petition bearing W.P. 362-2020 against Station House Officer P.S. Gulgasht, Multan and others on 13.01.2012 wherein petitioner took the stance that respondents are adamant to involve him in frivolous cases just to show their efficiency. In these circumstances, false involvement of the petitioner in the instant case on the basis of mala fides on the part of the complainant on account of his personal grudge with the petitioner cannot be ruled out. In view of the above, case of the petitioner comes within the ambit of further inquiry. The petitioner 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. 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.

(A.A.K.)          Bail accepted