1. Gulzar Chandio along with absconding accused Yasin has been challaned for offence under section 9(c), CNS Act. 1997.
2. The prosecution case is that a mobile party of Mehar Police Station headed by S.H.O. Muhammad Soomar Chandio saw two persons having bags in their hands, available on Mehar Radhan Link Road at about 5-30 p.m. On seeing the police party those two persons tried to slip away but the police managed to capture one of them along with the bag in his hand whereas the other identified as Yasmeen Saharan threw the bag with him and ran away. The captive disclosed his name as Gulzar Chandio. The bag with him was opened and found containing Charas. It was weighed and found to be 1300 grams. The bag left by him was found containing Charas, weight whereof was 1100 grams. After preparing the Mashirnama of arrest and seizure at the spot the captive and stuff were brought at Police Station, Mehar. There S.I.P. Muhammad Soomar Chandio registered the case.
3. After the investigation, challan was submitted showing Yasin Saharan as absconder. The bail plea of Gulzar Chandio was turned down by the trial Court on 3-6-2005, whereafter present application has been filed.
4. It has been argued on behalf of the applicant that the prosecution claims that 10 grams Charas was taken from each bag and sealed separately for getting it examined chemically and the report of chemical examiner shows one of the parcels containing only traces of Charas and it is not known as to which of the parcel was the sample taken from the bag allegedly recovered from Gulzar, therefore, he is entitled to the grant of bail. The other ground agitated by the applicant's learned Advocate is that samples were delivered to the expert eight days after the dispatch thereof from the police station and P.C., Muhammad Sadiq having taken the samples is not named as the witness.
5. Mr. Mushtaq Ahmed Korejo appearing for the State does not oppose the grant of bail for the reason that it is not known as to which of the sample was from the stuff seized from the present applicant.
6. The reason that one of the parcel containing the sample had in it the stuff containing the traces of charas only and the other is not clearly indicating as to from which bag it had been drawn, it is yet to be established during trial that whether stuff allegedly recovered from the applicant was charas or it was containing the traces of charas. In view of that, applicant has a case for bail. As regards other ground that cannot be attached weight as the applicant is denying the recovery and does not claim anything else to have been recovered from him. Consequently, bail is granted to the applicant. He shall be released on furnishing surety in the sum of Rs.50,000 with P.R. Bond in the like amount to the satisfaction of trial Court.