The petitioner, Rajab Ali son of Muhammad Bashir, seeks post arrest bail in case FIR No, 625/2008, dated 17.12.2008 registered under Section 9-B, Control of Narcotic Substances Act, 1997 at Police Station, Chehliyak.
2. According to the prosecution version, on 17.12.2008 at about 3.30 p.m. Khalid Aleem Inspector/SHO, P.S. Chehliyak, was on patrolling duty alongwith his subordinate on an official vehicle. He, on receipt of spy information, conducted a raid and the present petitioner on seeing the police party fled away while throwing away shopper bag containing 540 grams heroin. Out of the said contraband one gram was separated as sample for sending the same to the Chemical Examiner, thereupon the aforesaid case was registered. After his arrest, the petitioner filed application for his release on bail, which was dismissed by the learned Addl. Sessions Judge, Multan vide order dated 17.01.2009, hence this petition.
3. Learned counsel for the petitioner has submitted that the petitioner has been involved in this case with mala fide intention by the I.O. He has further submitted that it is not believable that the complainant alongwith his subordinates could not arrest the petitioner. He adds that nothing has been recovered from the possession of the petitioner, therefore, the provisions of Section 9B CNSA, 1997 do not attract in this case. The petitioner's case requires further inquiry and as such he is entitled to concession of post arrest bail.
4. Learned Deputy Prosecutor General, on the other hand, has, vehemently opposed the bail application by submitting that the petitioner is named in the FIR, who has fled away while throwing away the contraband on the spot, therefore, he is not entitled to concession of bail.
5. Heard. Record perused.
6. There is no gainsay that the petitioner was not apprehended in possession of the contraband and according to the allegation leveled in the FIR he fled away from the scene in presence of the complainant Police Officer and his subordinates, which fact is not believable therefore, for the purpose of bail the case of the petitioner requires further inquiry. However, the learned trial Court without being influenced of this observation may assess the evidence of the prosecution on the conclusion of the trial.
7. For what has been discussed above, being fortified by the dictum of law laid down in the judgment reported as 1999 P.Crl. LJ 1319 we are inclined to admit the petitioner to post arrest bail subject to his furnishing bail bonds to the tune of Rs, 200,000/- (Rupees Two Hundred Thousand only) or in the like amount with one surety to the satisfaction of the learned trial Court.