1. ' Applicant Rayasat Ali is facing trial in Special Court No.1 (C.N.S.) Karachi, for the offence punishable under section 9(b), C.N.S. Act, 1997.
2. ' We have heard Mr. Abdul Ghaffar Samo, learned counsel for the applicant and Mr. Habib Ahmed, learned A.A.-G. For the State.
3. Mr. Samo has contended that according to Mashirnama of recovery and F.I.R., 1100 grams of Charas were recovered from the possession of applicant Rayasat Ali, while according to the Chemical Examiner's Report, the net weight of entire Charas was 978 grams. There is discrepancy of 122 grams for which there is no explanation. He has further submitted that the applicant is a businessm an and has been falsely implicated because of enmity with Pak Colony Police. He has further submitted that there is a delay of 17 days in sending the sample to Chemical Examiner. The alleged recovery is dated 13-10-2004 and the sample has been sent on 1-11-2004. The learned counsel has submitted that the applicant is entitled to the benefit of doubt even at the bail stage and consequently, he is entitled to be released on bail, as it is a case of further inquiry, as envisaged under subsection (2) of section 497, Cr.P.C. He has further pointed out that even the trial Court has observed that, difference in two weights can be resolved after recording of evidence of complainant.
4. Mr. Habib Ahmed, learned A.A.-G., has frankly stated that at this stage, there is no explanation for the delay and discrepancy in weight of Charas and consequently, he has no objection if bail is granted to the applicant.
5. In the above circumstances, applicant Rayasat Ali is granted bail in the sum of Rs.50,000 (Rupees Fifty Thousand) on furnishing one surety and P.R. Bond in the like amount to the satisfaction of Nazir of this Court. After furnishing of surety before- Nazir of this Court, the Nazir shall transmit the surety papers to the trial Court and if the applicant jumps over the bail, the trial Court is empowered to forfeit his bail bond and take appropriate action in accordance with law, without reference to this Court.