Petitioner Muhammad Kashif has filed this petition u/S. 497, Cr.P.C. for grant of post arrest bail in case FIR No, 74/11 dated 10.01.2011 u/S. 9-C CNSA registered at Police Station City Burewala, District Vehari.
2. Briefly the prosecution case mentioned in the FIR is that 01-kg. Charas was recovered from the possession of the petitioner.
3. Learned counsel for the petitioner contends that as the quantity of narcotics has not exceeded from 01-kg., hence, the same at the most falls under Section 9-B of CNSA, which does not fall within the prohibitory clause of Section 497 Cr.P.C. Further contends that petitioner has no previous criminal history and is behind the bar and his person is not required by the police for the purpose of investigation; that Chemical Examiner Report has not been received so far by the prosecution.
4. On the other hand, learned Deputy Prosecutor General has opposed the bail application, but conceded that offence falls under Section 9-B of CNSA and police had wrongly mentioned the offence under Section 9-C of CNSA.
5. Heard. Record perused.
6. It is the prosecution own case that 01-kg. Charas was recovered from the possession of the petitioner. The said quantity does not exceed 01-kg and the same falls under Section 9-B of CNSA.
The mala fide of the police officer is apparent that he had chalked out the FIR under Section 9-C of CNSA. The offence under Section 9-B of CNSA is punishable with 07 years R.I. and the same does not fall within the prohibitory clause of Section 497 Cr.P.C. and in such like cases bail is a rule and refusal is an exception, as laid down in Tariq Bashir's case (PLD 1995 S.C. 34). The exceptional circumstances mentioned in the said case are not available in the present case. The petitioner got blotless career and there is no previous criminal history. The report of chemical examiner has not been received by the petitioner till now. The petitioner is behind the bar and his person is not required by the police for the purpose of investigation.
7. Consequently, this bail petition is, allowed and petitioner is enlarged on bail, subject to his furnishing bail bonds in the sum of Rs, 2,00,000/- (two lacs) with one surety in the like amount to the satisfaction of the learned trial Court.