' SARDAR MUHAMMAD ASLAM, J.---The petitioner seeks post-arrest bail in case F.I.R. No,5 dated 27- 6-2006 registered under sections 23/27 of Drugs Act, 1976 read with section 13 of Arms Ordinance and section 109, P.P.C. With Police Station F.I.A. Crime Circle, Rawalpindi.
2. Briefly the allegation against the petitioner and his co-accused is that during raid, F.I.A. Police apprehended them and on their premises, spurious substandard and unregistered drugs worth Rs,10 lacs were recovered. .30 bore unlicensed pistol was also recovered. On inquiry, licence or written legal authority was not produced by the accused persons.
3. I have heard the learned counsel for the petitioner as well as learned Standing Counsel and perused the record.
4. The petitioner has been charged for violation of section 23 of the Drugs Act, 1976. Penalty for which is provided under section 27 ibid. Section 23 provides: (1) no person shall himself or by any other person on his behalf:
(a) Export, import or manufacture for sale or sell:
(i) ----
(ii) --
(iii) ---
5. Bare reading of the above quoted provision of law shows that Legislature in its wisdom has restricted export, import or manufacture for sale or selling any spurious drug. Mere possession of a spurious drug has not been made punishable under section 27 of the Drugs Act. Sentence for offence under section 27 is 3 years' R.I. Which falls outside the prohibitory clause of section 497, Cr.P.C. The petitioner was arrested on 27-6-2006 and is behind the bars since then. Challan has been submitted in the Court after investigation. Keeping the petitioner behind the bars, when even the commencement of trial is not in sight, will not serve the ends of justice.
6. For what has been discussed above, this petition is allowed and the petitioner is admitted to bail subject to furnishing of bail bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of trial Court.