1. ' Applicant Amir Bux was implicated in Crime No,2 of 2007 by Excise Intelligence, Hyderabad for an offence under section 9-B C.N.S. Act 1997.
2. ' The allegations against the applicant are alleged recovery of 1.5 Kgs of Charas. He is stated to be arrested along with co-accused Khair Muhammad from whom alleged recovery of 200 grams of Charas is made. It also appears that Khair Muhammad was extended benefit of bail by the trial Court on 24-2-2007 while the present applicant was denied.
3. ' According to the learned counsel the applicant has been falsely implicated in the case at the behest of Nazim of the area concerned. It is stated that the mother of the applicant was Councillor of the area concerned. She and her family opposed the Nazim in his elections, therefore, he was inimical towards the applicant and his family. It is stated that a sequel of such enmity even the excise officials had barged into the house of the applicant and forcibly took away the valuables which was reported to the authorities concerned on 13-2-2007. Learned counsel has referred to Imtiaz Ali v. The State 2006 M LD 1961.
4. ' Mr. Anwar H. Ansari, State counsel contends that the case of applicant falls under section 9(c) of C.N.S. Act which entails punishment falling under prohibitory clause, therefore, the applicant cannot be extended benefit of bail.
5. ' It may be observed that in a case reported in PLD 2004 SC 856 where the quantity sent for chemical examination was not collected from all the narcotic substances, recovered. The prosecution story was not believed. In the instant case also it was only 10 grams that was sent for chemical examination. The allegations as to the enmity as alleged by the applicant under the present political set up cannot be altogether ruled out.
6. ' Under the circumstances, the applicant is extended benefit of bail, however subject to furnishing solvent surety in- the sum of Rs,1,00,000 and P.R. Bond in like amount to the satisfaction of trial Court.