' The learned A.A.-G. As well as Director, Excise & Taxation, Bahawalpur, have been heard.
2. As the requisite report has been submitted before the learned trial Court, the presence of the Director, Excise & Taxation, Bahawalpur, is no more required.
3. Muhammad Nawaz has sought post-arrest bail in case F.I.R. No, 729 registered at Police Station Khairpur Tamewali on 17-12-2006 for offence under section 9-B of the Control. Of Narcotic Substances Act (C.N.S.A.), 1997:
4. According to prosecution case, Ghulam Shabbir, S.I., along with constables was present at Mauza Jhandani, when he received information that petitioner was selling Chars, while standing outside his house. After the receipt of information, the complainant along with other constables raided the spot. However, allegedly, the petitioner succeeded in making his escape after throwing a shopper, which contained 350 grams of Chars.
Hence, the case was registered against the petitioner.
5. We have heard the learned counsel for the parties and have also gone through the relevant record of the case.
6. It has been noticed that the petitioner was arrested on 16-1-2007 and has been sent to judicial lock-up after completion of investigation, that the Chars was not recovered either from his person or from his place of abode, that no record is available against the petitioner that he was previously involved in any such-like case. Prima facie, it does not appeal to reason that six police officials would remain unable to apprehend an empty-handed citizen. It is also pertinent to note that at the time of raid, no customer was spotted by the raiding party. In the circumstances, we are inclined to admit the petitioner to bail subject to his furnishing bail bond in the sum of rupees ten thousands with one surety in the like amount to the satisfaction of the learned trial Court.