1. ' SYED SHAFQAT ALI SHAH MASOOMI, J.---The applicant seeks bail Crime No,6 of 2009 registered under sections 6/9 of Control of Narcotic Substances Act, 1997, with Police Station Market, Larkana.
2. ' Brief facts of the prosecution case in nutshell are that on 14-1-2009, S.I.P. Ghulam Hussain Chandio, lodged report on behalf of, the State, alleging therein that. 1500-grams of Charas has been recovered from accused/applicant Abdul Wahid Brohi, in presence of police mashirs, and out of 1500-grams Charas, 200-grams were sealed separately for chemical analysis.
3. ' Earlier, bail plea of the applicant has been declined by learned trial Court i,e, learned Special Judge (CNS), Larkana, hence this bail application.
4. ' Learned counsel for the applicant has mainly contended that the alleged Charas was in shape of pieces, but the number of the pieces is neither mentioned in the FIR, nor in mashirnama and that the sample for analysis has not been taken out from each of the piece, therefore, no expert opinion will be available with prosecution regarding remaining quantity of Charas. He further contended that only 200-grams of Charas out of the alleged 1500-grams was separated and sent for analysis and the report if comes in positive will only be in respect of 200-grams. He has relied upon case of Muhammad Farrukh Khan Zai v. State (2008 M LD 608 Karachi), Nadeem v. The State (2007 M LD 1092 Karachi), and Imtiaz Ali v. The State (2006 M LD 1961 Karachi).
5. ' Learned State counsel has conceded to the grant of bail to applicant/accused.
6. ' I have considered the arguments advanced by the learned counsel for the parties and properly assessed the material placed on record. It appears that 1500 grams of Charas was allegedly recovered from the applicant/accused in the shape of pieces while only 200-grams were taken out of the entire recovered material for the purpose of Chemical Analysis but it is not mentioned that as to whether the sample was taken from each piece or only from one of the same therefore, no conclusive finding could be recorded that all the pieces were of contraband narcotics, hence the proper and final finding is yet to be recorded at the trial. Furthermore the number of pieces has not been mentioned either in the F.I.R. Or in the mashirnama. The alleged Charas was allegedly recovered from accused on 14-1-2009, while the sample was sent to the chemical laboratory on 23-1-2009, with delay of nine days, and it also creates doubt in the case of prosecution.
7. ' In the case of Muhammad Farrukh Khan Zai (2008 M LD 608 Karachi), recovery of 2.5 Kgs., Hereon was effected from 265 leather belts in the form of small bags out of which 11 plastic bags of tube size were sent to the chemical examiner with grass weight of 54.400 grams; since total commodity recovered from possession of accused having not been sent to the chemical examiner, it would not be presumed that sample was taken out from each and every bag; the accused was admitted to bail in the circumstances.
8. ' In the case of Imtiaz Ali (2006 M LD 1961 Karachi), the accused was granted bail, from whose possession 20-Kgs., of Charas was allegedly recovered in shape of Patties/plates, but the number of said Patties/Plates was not mentioned either in the F.I.R. Or in the mashirnama and mashirnama stated that quantity of 250 grams Charas was taken out of entire recovered material for the purpose of chemical analysis, but without making any mention as to whether same was taken out separately from each of the Patties/Plates, or only from one of them; there was no mention whether or not the sample was taken out from the Patties separately; and if taken out separately it was not mentioned that same was ever sealed separately by the recovery officer.
9. ' In the case of Muhammad Nawaz v. The State (2007 M LD 1846), the accused was found in possession of 10 Kgs Charas in the shape of log packets packed in the plastic bags each containing one kg Charas out of which only one Kg was sent to the Chemical Analyzer while no samples of remaining 9 Kgs Charas were sent.
10. ' Since, in the case in hand, out of the entire contraband allegedly recovered from the applicant/accused only 200 grams were sealed separately for sending it to Chemical Anaylzer therefore, at the most case against the applicant would fall under section 9(b) of C.N.S. And it carries punishment for 7 years.
11. ' In the existing circumstances the case of applicant/accused falls within purview of subsection (2) of section 497, Cr.P.C, and therefore, the applicant is granted bail in the sum of Rs,100,000 (One lac), on his furnishing solvent surety and P.R.. Bond in the like amount to the satisfaction of trial Court.
12. ' The observations made hereinabove are tentative in nature for the purpose of only disposal of bail application and may not influence the mind of trial Court which is free to appraise the evidence strictly according to merits of the case.