Zafar Iqbal, petitioner seeks bail after arrest in case FIR No, 493 dated 17.9.2011 registered under Section 9-C of CNSA, 1997 at Police Station Mian Channu District Khanewal.
2. Briefly the allegation against the petitioner is that 1020 grams of Charas was recovered from his possession.
3. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in this case; that the petitioner is previously non-convict and got blotless career and the petitioner is behind the bars sinced 7.9.2011 and his person is no more required by the police for the purpose of investigation.
4. On the other hand, learned DPG for the State opposed the bail application by arguing that huge quantity of Charas was recovered from the possession of the petitioner. Further argued that nothing is on the record to show any hostility on the part of the police to falsely implicate the petitioner in this case.
5. Heard. Record perused.
6. According to the FIR, 1020 grams Charas is alleged to have been recovered from the petitioner.
Only a meager quantity of 20 grams Charas exceeded the prescribed upper limit of the quantity of narcotics as mentioned in Section 9(b) CNSA, 1997 which resulted in bringing the case of the petitioner within the mischief of Section 9-C of CNSA, 1997. A Such a little difference of 20 grams of Charas prima facie shows male fide on the part of prosecution qua the involvement of the petitioner. It will be determined by the learned trial Court during the trial whether Section 9-C or 9- B of CNSA, 1997 attracts in this case. The petitioner has no previous history of being involved in such like cases. The petitioner is behind the bars since 17.9.2011 and his person is no more required by the police for the purpose of investigation.
7. Due to the above mentioned reasons, this petition is allowed and Zafar Iqbal petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- (Rs, One lac only) with One surety in the like amount to the satisfaction of learned trial Court.