' Masud Ahmad petitioner seeks post-arrest bail in case F.I.R. No,28, dated 30-11-2006, registered under section 9-C of the CNSA 1997 at Police Station ANF Faisalabad.
2. Precise allegation against the petitioner is that he was found in possession of illegal intoxicants i.e. 66 kilograms of crushed poppy straw.
3. After being arrested in the aforesaid case, the petitioner applied for the grant of post-arrest bail before the learned Judge, Special Court, C.N.S., Lahore Camp at Faisalabad but the same was dismissed by the said Court vide order, dated 4-3-2008 hence the present petition.
4. Learned counsel for the petitioner submits that the prosecution story narrated in the F.I.R. Is doubtful and that there is no incriminating material on record to connect the petitioner with the commission of the alleged offence. The petitioner has falsely been implicated by the complainant in this case with mala fide intention. He further submits that as per report of Chemical Examiner, no percentage of alleged material was given, as such, the case against the petitioner is that of further inquiry into his guilt and he is entitled to be released on bail. He also submits that the petitioner is behind the bars for the last fifteen months without progress in the trial and that the petitioner has never been involved earlier in such like cases. He further submits that as per the contents of the F.I.R. "Post" was recovered from the petitioner which did not fall within the definition of narcotics, as such, petitioner is entitled to be released on bail.
5. On the contrary, learned Special Prosecutor for ANF submits that a huge quantity of poppy straw was recovered from the petitioner and according to section 2(t)(i) of the CNSA, 1997, the poppy straw (Post) comes within the definition of narcotics, as such, the petitioner is not entitled for the grant of bail.
6. We have heard the learned cousel for the petitioner as well as the learned Special Prosecutor for ANF and have also perused the record. The definition of `opium' has been given in clause (iii) subsection (t) of section 2 of the Act, which is re-produced below:--- ' "any mixture with or without natural materials of any of the above forms of opium, but does not include any preparation contain not more than 0.2 per cent of morphine."
' It is manifest from the above provision of law that the 'poase can only be considered a narcotics substance within the meaning of the Control of Narcotic Substances Act, 1997 if the same contains 0.2 per cent of morphine. The report of the Chemical Examiner reveals no such percentage and it is yet to be determined whether according to the report of Chemical Examiner the case against the petitioner falls within the purview of section 9(A), 9(B) or 9(C) of the Act which can only be determined by the learned trial Court after recording evidence and receiving percentage report from the Chemical Examiner.
7. For what has been discussed above, we allow this bail petition and admit the petitioner to bail subject to his furnishing bail bonds in the sum of Rs,5,00,000 (five lacs) with one surety in the like amount to the satisfaction of the trial Court.