Allah Ditta son of Muhammad Afzal, petitioner seeks post arrest bail in Case FIR No, 188 dated 28.07.2010, registered by Shaukat Hayat, Sub-Inspector, at Police Station Kacha Kho, District Khanewal, under Section 9-C (later on converted into 9-B) of the Control of Narcotic Substances Act, 1997 with the allegation that 1000 grams charas was recovered from the possession of the petitioner and the instant case was registered.
2. Learned counsel for the petitioner contends that allegation against the petitioner is false; that he has not committed any offence; that initially the case was registered under Section 9(c) of CNSA but later on it was converted into Section 9(b) of CNSA. In such situation, case of the petitioner comes within the purview of further inquiry; that offence alleged against the petitioner do not fall within the prohibitory clause of Section 497 of Cr.P.C. that the petitioner is behind the bars since his arrest and trial has yet to be concluded; that the petitioner is no more required by the police for investigation purposes; that there is no previous involvement of the petitioner in such like cases.
Prayed that the petitioner be released on bail.
2-A. On the other hand, learned D.P.G. appearing on behalf of the State, has vehemently opposed this bail petition on the grounds that the petitioner has committed heinous offence which is against the society and that a huge quantity of Charas (1000 grams) was recovered from the petitioner's possession, so, he has prayed that this bail petition be dismissed.
3. We have heard the learned counsel for the parties and perused the record.
4. Allegedly, 1000 grams of 'Charas was recovered from the possession of the petitioner. Initially the case was registered against the petitioner under Section 9(c) of CNSA, 1997 but later on it was converted into Section 9(b) of the said Act, therefore, case of the petitioner is that of further inquiry.
Even otherwise, the offence alleged against the petitioner does not fall within the prohibitory clause of Section 497 of Cr.P.C. Investigation of this case has been completed and the petitioner is no more required by the police for this purpose. There is no previous involvement of the petitioner in such like cases.
5. For what has been discussed above, the petitioner is admitted to post arrest bail in the sum of Rs, 1,00,000/- (Rupees one lac only) with one surety in the like amount to the satisfaction of the learned trial Court.