Muhammad Iqbal, the petitioner, is seeking his pre-arrest bail in case FIR No, 37, dated 16.01.2013, under Section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station, City Mianchannu, District Khanewal.
2. During police investigation, while Muhammad Aslam co-accused was in custody, the present petitioner with the name of `Muhammad Irfan' has been implicated and the police is after arrest of the petitioner. The petitioner has preferred this petition seeking pre-arrest bail in the name of Muhammad Iqbal with an assertion that although his name is Muhammad Iqbal, but the local police treating him as Muhammad Irfan and want his arrest in the present case.
3. According to the prosecution's own case, the person against whom Muhammad Aslam co- accused made a disclosure of having cannabis in his possession succeeded to flee away at the time of raid conducted by the police contingent and from a room of a house, cannabis weighing 840 kgs was recovered. The police has failed to substantiate on record as to whether the premises from where allegedly the offending material was recovered, was in fact either in the ownership of the petitioner or at the most, in his possession. Nothing is available on record to show that before conducting the raid at the stated premises, some special permission in that regard was obtained by the police. Admittedly, nothing has been recovered from the personal possession of the present petitioner and further as noted earlier that the premises from where allegedly cannabis was recovered cannot be linked in any manner with the petitioner: Nothing is to be recovered as all whatever available at the time of raid was taken into possession, as such, there is no justification to recall ad-interim bail already granted to the petitioner as there will no justifiable cause to hand over the person of the petitioner to the police for nothing.
4. Resultantly, this Criminal Miscellaneous is allowed and ad-interim bail already granted to the petitioner on 28.02.2013 is confirmed subject to his furnishing fresh bail bonds in the sum of Rs, 2,00,000/-with one surety in the like amount to the satisfaction of the learned trial Court.