1. ORDER SYED ZAKIR HUSSAIN, J. ---The case pertains to the recovery of the charas from the applicant effected by the police party while on patrolling on the date, place and time under a memo prepared to such effect before the official mashirs. The charas when weighed was found to be two Kgs, out of which 500 grams were secured as sample. There is no expert report. The case has been charge-sheeted. As per the learned counsel, for the purpose of bail, the case has to be construed capable of fetching conviction, if any, against the said secured charas, to the extent of the weight of the sample charas, which being 500 grams, falls within the ambit of section 9(b), which provides punishment up to seven years maximum, which falls beyond prohibitory clause. As per the learned counsel, where there appears a case of punishment beyond prohibitory clause, the grant of bail is to be dealt with as rule. There is no case of exception to justify any in application of the said rule.
2. Learned counsel further states that so long as the Chemical Examiner report in affirmative, is not available in the case, the case will carry a status of further enquiry and on such score alone the benefit of bail can be extended by this Court to the applicant in the interest of justice. Learned counsel relied upon the case of Abdul Wahid v. The State reported as 2009 M LD 1151. Learned State Counsel opposes the grant of bail in the matter on the ground that the weight of secured charas is two Kgs and the punishment as a matter of criminal accountability thereof is up to life imprisonment in terms of section 9(c) of the Control of Narcotic Substances Act, 1997. According to her contention, the case falls within the prohibitory clause of section 497(1), Cr.P.C. And therefore merits rejection. She is however, unable to dispute the citation of law referred to, by the learned counsel for the applicant in all respect. The same is applicable in the circumstances in hand. I, therefore, relying on the same, grant the bail to the applicant in the sum of Rs.50,000 with P.R bond in the like amount to the satisfaction of the learned trial Court.