It is submitted that no narcotics was recovered from the petitioner; the same was recovered from Waqas, coaccused of the petitioner, who has been allowed bail by this Court vide order dated 21.4.2009 passed in Criminal Miscellaneous No. 1567-B of 2009. Further submits that the petitioner is behind the bars for the last one year and the trial has not yet concluded.
2. On the other hand, learned Deputy Prosecutor General opposes the grant of bail.
3. Heard.
4. According to F.I.R. When the Police tried to apprehend the petitioner and his co-accused, the petitioner handed over the shopping bag to his co-accused, Waqas, his maternal nephew and tried to slip away but both were arrested at the spot. 4875-Grams of Chars was recovered from the petitioner. Waqas, co-accused, of the petitioner was 13/14 years of age at the time of occurrence.
The case of the present petitioner is distinguishable to case of his coaccused, Waqas, who has been allowed bail. The offence provides punishment of Death/imprisonment for Life/14 years' R.I.
And it is note case where exception can be taken to the bar contained in Section 51 of Cont. w- oi Narcotics Substances Act, 1997 to grant bail. No ground for bail is made out. Dismissed.