The petitioner seeks post-arrest bail in case FIR No, 191/12 dated 13.04.2012 P.S. Alla Abad, District Kasur, under Section 9-C of the Control of Narcotic Substances Act, 1997.
2. Briefly stated the prosecution version as set-forth in the FIR recorded on the complaint of Shah Wali, S.I. of the above-mentioned Police Station, is that on spy information, the petitioner was apprehended while carrying a polythene bag containing 5 Kilograms papaver-husk, whereas his co-accused fled away.
3. Learned counsel for the petitioner has contended that the petitioner was declared innocent after thorough investigation; that the report of the Chemical Examiner does not show the percentage of morphine in the material allegedly recovered from the petitioner; that the petitioner does not bear history of involvement in such cases in the past and that he is behind the bars w,e,f, 13.04.2012. In support of the contentions raised, reliance is placed on Masud Ahmad a The State (2008 YLR 1784)
(Lahore).
4. Learned DPG has vehemently opposed the petition. It is contended that the petitioner and his co- accused were carrying huge ,.quantity of Poppy husk. It is, however, admitted that according to the I.O., he was innocent.
5. The report of the Chemical Examiner does not show the percentage of morphine in the material allegedly recovered from the petitioner. Under Section 2(t) (iii) of the Control of Narcotic Substances Act, 1997, unless the material contains 0.2 per cent morphine, it cannot be deemed to be narcotic substance. From this angle, the case against the petitioner needs' further probe and inquiry. Even otherwise one of the I.Os. has come to the conclusion that he is not connected with the commission of the offence. The petitioner is behind the bars w,e,f, 13.04.2012 and his person is no more required for further investigation.
6. For the reasons supra, the petition is accepted and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs,200,000/- with one surety in the like amount to the satisfaction of the learned trail Court.