MUHAMMAD RAZA KHAN, J.---The petitioner seeks his release on bail on F.I.R. No.8 dated 7-1-2007 of Police Station Chamkanni. He was found in possession of a shopping bag containing two kilograms Charas pukhta in the shape of several pieces. This raid was conducted on spy information that a young boy was selling Charas in the fields.
2. I have listened to the arguments and gone through the record.
3. Allegedly the police took action on the spy information that the petitioner was selling Charas to the potential buyers in the field. Such transactions are made in the form of sachet sale or the person has to possess the scale for weighment of the desired quantity. The recovery of the material in one lot and the failure of the Investigating Officer to recover scale etc. Has created basic ambiguity in the case.
4. There is no indication that any sale proceeds were recovered from the accused. There has been no attempt of introducing a dummy purchaser nor any of the customer who had purchased or had intended to purchase narcotics from the petitioner, has been traced. Similarly, the number of pieces and their separate weight has not been recorded nor the samples have been distinctly obtained from each of such pieces. This is a major defect which is supplemented by the fact that there has been unexplained abnormal delay of one month in dispatching of the material to the Chemical Expert. The petitioner is not a previous convict and the maximum punishment likely to be imposed in such case does not attract the prohibitory provision of law. Hence without prejudice to the result of the case after trial, this petition is allowed. The petitioner be released on furnishing of bail bond in the sum of Rs.200,000 with two sureties each in the like amount to the satisfaction of Illaqa Judicial Magistrate.