ORDER Through the instant petition, Adam Khan, petitioner has sought for his post arrest bail in case F.I.R No.457 dated 17-82010, offence under section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Sadder Kamoke, District Gujranwala.
2. Briefly the prosecution case, as per the F.I.R., is that on 17-8-2010, the petitioner was apprehended by the police and from his possession 1220 grams charas was recovered, besides sale money (wattak) Rs.4,000.
3. Learned counsel for the petitioner submits that the petitioner is innocent, who has been roped, in this case by the police just to show karvai. Learned counsel further states that nevertheless recovery has been shown effected from the petitioner, however, there is no independent witness qua the same. Even otherwise, learned counsel submits, case of the petitioner is on border line of section 9(b) of the Act. It is further contended that the petitioner is previous non-convict and behind the bars since the date of his arrest and no more required by the police for further investigation.
4. Learned D.P.-G., on the other hand, has opposed the petition with vehemence with the contention that huge quantity of contraband charas was recovered from his possession.
5. In the light of arguments we have gone through the record.
6. Bare perusal of record reveals that case against the petitioner is slightly on the higher side of the upper limit of section 9(b) of the Control of Narcotic Substances Act, 1997. The petitioner is stated to be previous non-convict and behind the bars since the date of his arrest. Moreover, he is no more required by the police for the purpose of further investigation.
7. In such circumstances of the case, we have been persuaded to allow this petition as a consequence whereof, the petitioner is admitted to bail after arrest subject to his furnishing bail bonds in the sum of Rs.1,00,000 with one surety in the like amount to the satisfaction of the learned trial Court.