1. ' AMER RAZA NAQVI, J.--- This is bail application in crime No,78 of 2008 Police Station Khanwahan, District Naushahro Feroze under section 9(c) of CNS Act, 1997.
2. ' According to allegation, 3000 grams in 6 pieces were recovered from the applicant, out of which 100 grams were sent to Chemical Examiner and the report was found in positive.
3. ' Learned counsel for the applicant submits that prosecution was duty bound to take sample from each piece of Charas A whereas only one sealed packet was sent to Chemical Examiner and it is not mentioned that the sample was taken out from each packet. He relied upon PLD 2008 Kar. 14, 2007 M LD 1092 and 2009 PCr.LJ 102. The learned counsel submits that there is consistent view of superior Courts that in case sample was not taken from each packet and the quantity of substance 'recovered does not attract prohibitory clause of section 497, Cr.P.C., the bail should usually be granted to the applicant. He further submits that in daily Kawish the arrest of accused was reported which was published on 26-9-2008 whereas the police arrested the accused on 26- 9-2008 at 1300 hours which shows that the police arrested the accused after the publication. He further submits that the accused is suffering from Cronic renal failure and the ailment has increased due to which he has been referred from G.M.C. Hospital to C.M.C. Hospital for treatment of his kidney problem where he is currently admitted as such the applicant is also entitled to concession of bail on medical ground.
4. ' On the other hand Mr. Ali Hyder Dareshani has relied upon 2003 SCM R 573 in such case 600 grams heroin was recovered out of which one gram was sent to Chemical Examiner and the bail was declined.
5. ' I have heard both the learned counsel and perused the record with, their able assistance.
6. ' The case relied upon by Mr. Ali Hyder pertains to recovery of heroin and it was only one packet and sample was sent from one packet, therefore this case is not applicable in the present matter: The learned trial Court has mentioned that 100 grams Charas was taken from each packet and sealed separately for Chemical Examiner whereas Mr. Ali Hyder Dareshani has conceded that this is not the correct position. As observed in case of Nadeem v. The State reported in 2007 M LD 1092 prosecution should be very careful while maintaining the record when narcotics are recovered in many pieces and sample from each piece should be sent to Chemical Examiner, when slight change in the quantum of substances can affect very seriously the liberty of accused, prosecution should be very careful in sending the substance to Chemical Examiner.
7. ' In view of above facts and circumstances. I am of the view that the accused has made out a case for concession of bail which is accordingly granted to him in the sum of Rs,200,000 (Rupees Two Lac) and P.R. Bond in the like amount to the satisfaction of trial Court.