' This order is intended to dispose of petition for post-arrest bail moved by Muhammad Sajid, petitioner who stands involved in case F.I:R. No.75, dated 27-3-2008 registered at Police Station Abbas Nagar, Bhawalpur under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979 read with section 9(c) of the Control of Narcotic Substances Act, 1997 with the allegation that on the tip of an informer a police party headed by Muhammad Azam, A.S.-I./complainant of the case apprehended the petitioner from a "Katcha Khola" (abandoned mud room) of his cattle-shed (Bhana Muwaishian) while running a `Bhutti' (an indigenous distillery) for distillation of `Dese(indigenous)liquor. Apparatus and utensils used for the purpose and 10 Litres of indigenous liquor (in plastic container) were also taken into possession. The police party also got recovered 60 Kilograms of 'Mang' from two plastic bags from there.
2. This petition has been opposed by the learned Additional Prosecutor General. Both the parties heard and record perused.
3. Firstly, the petitioner was booked under Articles 3 and 4 of the Prohibition (Enforcement of Hadd)
Order, 1979. However, while parting with the bail rejection order, learned Additional Sessions 'Judge, Bahawalpur made an observation that section 9-C of the Control of Narcotic Substances Act, 1997 was applicable and so it was added accordingly by the local police. It is contended that there is nothing on record to support the application of the said provision of law. Apart from this aspect of the case, Bhang' is not included in the definition of hemp in terms of sub-clause (ii) of Clause (d) of section 2 of the Act ibid as reported in Najabat Ali Shah v. The State (2008 PCr.LJ 750), Muhammad Aslam and another v. The State (2006 PCr.LJ 1595) and Abdul Jalil v. The State (2000 PCr.LJ 760).
Therefore, not only the case of the petitioner falls within the purview of further inquiry but also the offence with which he has been charged does not fall within the prohibitory clause under section 497, Cr.P.C. He is behind the bar since 27-3-2008 and no useful purpose would be served to keep him in the jail for an indefinite period.
4. We, therefore, accept this petition and enlarge the petitioner on bail subject to furnishing bail bond in the sum of Rs.1,00,000 with one surety in the like amount to the satisfaction of the trial Court.