' ASIF SAEED KHAN KHOSA, J.--- Through this petition Waseem Abbas petitioner has sought post- arrest bail in case F.I.R. No,724 registered at Police Station Tibbi City, District Lahore on 9-10-2005 in respect of offences under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979.`"
2. After hearing the learned counsel for the parties and going through the record it has been noticed by me that apparently no proof is available with the prosecution so far that the substance allegedly recovered from the petitioner's possession was being sold by the petitioner so as to attract the provisions of Article 3 of the Prohibition (Enforcement of Hadd) Order, 1979. As regards the offence of possession under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 the same carries a maximum sentence of two years' imprisonment. The learned counsel for the State and the Police Officer present before the Court with record have confirmed the fact that so far no report has been received from the Chemical Examiner establishing that the substance allegedly recovered from the petitioner's possession was Bhang. After completion of the investigation a challan has already been submitted and, thus, continued custody of the petitioner in jail is not likely to serve any beneficial purpose at this stage. The Police Officer present before the Court has categorically stated that the petitioner has no credentials or antecedents of a dealer in narcotics as no other case of similar nature stands registered against him at the relevant police station.
3. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs,30,000 (Rupees thirty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.