' MUHAMMAD RAZA KHAN, J.---Petitioner Faizullah seeks his release on bail as he is arrested in F.I.R.
No.117, Police Station, Paharpur dated 24-5-2005 on the ground of recovery of three plastic bags containing heroin, charas, bhang and opium weighing 30 grams, 600 grams, 800 grams and 50 grams respectively from his house.
2. Arguments heard and record perused.
3. Although private witnesses were not present despite the previous information of the case and the combined weight of the contraband recovered from the petitioner was nearer the border line of sections 9(b) and 9(c) of the Control of Narcotic Substances Act but the fact of recovery of different types of material confirms, with certainty, that the petitioner was dealing in narcotics and therefore, he was having all the verities of narcotics. The witnesses could not be associated in the process of recovery of narcotics because people do not cooperate. The arguments with regard to the non-compliance of sections 20 and 21 of the Control of Narcotic Substances Act shall be appropriate arguments at the time of final conclusion of trial. At the present stage, only the tentative assessm ent could be made and in view of recovery of various items including 30 grams of heroin, which is most dangerous specie of narcotics, it prima facie, appears that the petitioner was having a retail outlet of all the narcotics and he is not entitled to the concession of bail.
4. The application is, therefore, dismissed.