' The petitioner, Muhammad Iqbal, through this application, is seeking post-arrest bail in case F.I.R.
No,581, dated 9-7-2003, registered at Police Station Ghulam Muhammadabad, Faisalabad, for the offences under sections 6/9 of Control of Narcotic Substances Act, 1997, at the instance of complainant, Waseem Fraz, S.-I., for the alleged recovery of 1050 grams of Charas.
2. The petitioner was arrested on 9-7-2003. The investigation has not yet been completed. His application for the grant of post-arrest bail has been dismissed by the Additional Sessions Judge, Faisalabad, on 3-11-2003.
3. We have heard the learned counsel for the petitioner and the learned counsel representing the State.
4. On 15-12-2003, when the application came up for hearing before this Court, A.S.-I. Muhammad Qasim appeared in Court and stated that the investigation had not been completed till then because the Investigating Officer Waseem Fraz had gone on training to Sehala and had taken away the case file with him. Hence, the S.H.O. Was directed to appear and explain why the case file has gone to Sehala. The S.H.O. Has not turned up today and has, instead, sent Muhammad Arshad, A.S.-I., who has reiterated that the afore-named Investigating Officer has taken the case file along with him to Sehala and has not returned the same as yet.
5. The abovementioned shows that the investigation of the present case is not being finalized due to the negligence of the police officials. Even the report from the office of Chemical Examiner has not been received so far and no legal explanation has been furnished for the delay in finalizing the investigation and in submitting the challan before the trial Court. Under the circumstances, we hold that it is a case of further inquiry and the petitioner is entitled to the grant of bail.
6. In view of the abovementioned, the application is allowed and the petitioner is granted bail subject to his furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.