' ABDUL QADIR MENGAL, J.---This Bail Application under section 497, Cr.P.C. Has been moved in case F.I.R., No,39 of 2011, registered under section 9(A) of the C.N.S. Act, 1997, at Police Station Duki, District Loralai.
2. Brief facts leading to file the present Bail Application are that the S.I. Mujeeb-ur-Rehman along with other police officials was on patrol duty, during which, when he reached at Garden Road near Damani Chowk, he found the present applicant in a suspicious manner, whereupon, he caught hold him and on search 200 grams of `Charas' recovered from his possession. The applicant was arrested and sent to the Court of Special Judge C.N.S.. Loralai, to face his trial. The applicant moved an application before the learned Special Judge C.N.S., Loralai, however, he declines to grant him bail on the ground that, the alleged offence is not bailable and the nature of the trial of the case is neither protected nor prolonged.
3. However, the counsel for the applicant stated that, the quantity of the 'Charas' is 200 grams out of which only 5 grams have been sent for analysis and if on the basis of the separated samples, the applicant is held to be responsible for the offence, even then, there is no likelihood that he be punished for more than one year, as admittedly, the bail is not withheld as a punishment.
4. We have heard the learned counsel for the applicant and have perused the record of the case.
No doubt, section 51 clause (1) lays embargo on the Courts not to grant bail in any offence, which is punishable to the death. Whereas, the clause (2) of section 51 provides that, a Court shall not normally grant the bail, unless the Court is of the opinion that it is a fit case for grant of bail.
5. In our considered opinion, the cases be called fit for the purposes of this section are those, which require further inquiry or probe, or the cases in which the recovery of a meager quantity of the 'Charas' up to 200 grams is stated, to have been recovered and out of the same only 5 grams have been sent for analysis. So being the present offence does not fall within the prohibitory clause of section 497 Cr.P.C., so as is a fit case for the grant of bail within the meaning and scope of the clause (2) of section 51 of Narcotic Substances Act, 1997. As such, the Bail Application is allowed and the applicant is released on bail, provided he furnishes surety in the sum of Rs,50,000 (Rupees Fifty Thousand), a P.R. Bond of the like amount to the satisfaction of the Additional Registrar of this Court or the trial Court.
' These are the reasons of our short order dated 12-9-2011.