ORDER By means of instant petition, Nawab Khan, petitioner has sought for his post arrest bail in case F.I.R No.458, dated 17-8-2010, offence under section 9(c) of the Control of Narcotic Substances Act, 1997 registered at Police Station Saddar Kamoki, Gujranwala.
2. Allegation against the petitioner, in brief, as per contents of the F.I.R., is that on 17-8-2010, he was apprehended and from his possession 1050 grams charas was recovered, besides sale money Rs.3000.
3. Learned counsel for the petitioner submits that the petitioner is innocent, who has been involved in this case by the police just to show karvai to the highups. Learned counsel next argues that even otherwise case against the petitioner does not attract prohibition contained in section 497(1), Cr.P.C. Learned counsel further states that the petitioner, who is previous non-convict, has been 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 full force.
5. We have given our anxious consideration to the arguments advanced at the bar. We have also gone through the record available on file, which reveals that case against the petitioner is slightly on the higher side of 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, person of the petitioner is no more required by the police for the purpose of further investigation.
6. 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.5,00,000 with two sureties in the like amount to the satisfaction of the learned trial Court.