By filing this post arrest bail petition the petitioner Muhammad Arfan seeks his release on bail in case FIR No, 228 dated 06.06.2012, registered under Section 9(c) of Control of Narcotics Substances Act, 1997 with Police Station Neka Pura District Sialkot.
2. Precisely, the prosecution story as narrated in the FIR is that `Charas' weighing 1250 grams was recovered from the possession of the petitioner when he was apprehended by the raiding party.
3. After having heard the learned counsel for the parties and perusing the record, we have observed that 1250 grams of 'Charas' was recovered from the possession of the present petitioner at the time of his arrest. Only a meager quantity of narcotic substance i,e, 250 grams has brought the case of the present petitioner within the mischief of Section 9(c) of Control of Narcotic Substances Act, 1997 Possibility, therefore, cannot be ruled out that the police might have exceeded the quantity of recovered substance in order to bring the case of the present petitioner within the ambit of Section 9(c) of Control of Narcotic Substances Act, 1997. Even otherwise, the quantity of narcotic substance, alleged to have been recovered from the present petitioner, is marginally higher from one thousand grams, as such, it is a case between Clauses (b) and (c) of Section 9 of the Act, 1997. There are sufficient grounds to enquire further as to whether the case of the petitioner actually falls within the mischief of Section 9(c) of Control of Narcotic Substances Act, 1997. Report under Section 173, Cr.P.C. has been submitted in the Court of competent jurisdiction but no evidence has been recorded so far. Furthermore, the petitioner has no previous record and facing incarceration. Even otherwise the petitioner cannot be detained in jail as punishment before conclusion of the trial and detaining him in jail would not advance the cause of justice, therefore, we consider it a fit case for grant of bail to the petitioner.
4. In view of the, above, instant petition is allowed and the petitioner Muhammad Arfan is admitted to bail subject to his furnishing bail bonds in the sum of Rs,100,000/- (Rupees, One hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.