Muhammad Aslam, petitioner, through this petition, seeks post arrest bail in case FIR No, 466 dated 02.12.2006, offence under Section 9-C, CNSA, 1997 registered at Police Station, Yousaf Wala District Sahiwal.
2. Briefly the prosecution case as narrated in the FIR is that on 1.12.2006, on the basis of disclosure made by Javaid Iqbal, in another criminal case regarding sale of narcotics by the petitioner, on which a raid was conducted by the police and on seeing the police the petitioner succeeded in slinking away from his without door Ihata and narcotic substance, comprising charas weighing 1020 grams, opium 810 grams and poppy seed 10 K.G were recovered and the allegation against the petitioner is that he has committed offence of possessing those narcotics substances for sale.
3. Heard. Record perused.
4. Admittedly, the petitioner is in the judicial lock up for the last about three years on the inculpatory statement of another accused, namely Javaid Iqbal, who was already in custody of the police. It is very unfortunate that the charge was framed by the learned trial Court on 21.11.2008 but till date no prosecution witness has attended the learned trial Court in spite of almost 17 opportunities were provided to the prosecution for adducting evidence and the learned trial Court leisurely granted adjournments to the prosecution.
5. The petitioner is behind the bars for a long period, whereas, after completion of investigation his person would no more be required by the police. Even otherwise, his further incarceration in jail will not serve any useful purpose or advance prosecution case. In the circumstances, the case against the petitioner is one of further inquiry. Resultantly, this petition is allowed and petitioner is admitted to post arrest bail subject to his furnishing bail bond in the sum of Rs, 100,000/-with one surety in