Abid Hussain son of Muhammad Yar, petitioner has sought post arrest bail in case FIR No, 153/2008, registered at Police Station, Shah Kot District Sahiwal on 15.6.2008 for offence under Section 9-C of the Control of Narcotic Substances Act, 1997.
2. It has been intimated by the learned counsel for the petitioner that the petitioner was not apprehended at the spot and that it is not the case of the prosecution that the petitioner was known to the raiding party. He also submits that in the FIR the features of the petitioner have not been detailed. He submits that as a matter of fact the petitioner has been implicated in this case to widen the net of implications. He further submits that narcotic substance cannot be said to be in the joint custody of the petitioner and others. It is yet to be decided during the trial as to whether the petitioner can be vicariously held liable for the custody for the narcotic substance which was lying at the spot. At present, reasonable grounds do not exist to believe that the petitioner has committed an offence under Section 9-C of the Narcotic Substances Act, 1997. Hence, the petitioner has made out a case for the grant of bail.
3. Resultantly, this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 2,00,000/- (Rupees Two Lacs only) with one surety in the like amount to the satisfaction of the learned trial Court.