The petitioner seeks post-arrest bail in case FIR No, 325/12 dated 18.06.2012 P.S. Seetal mari, District Multan, under Section 9-C of the Control of Narcotic Substances Act, 1997.
2. Allegedly the petitioner was apprehended on spy information and on search of the fertilizer bag being carried by him, charas weighing 1100 grams, scale, iron weights & a sum of Rs,900/- being the sale proceeds were recovered from it.
3. Learned counsel for the petitioner has contended that he has been roped in the false case by the local Police in order to show its efficiency; that he is behind the bars for a period of more than three months and his person is no more required for further investigation; that it is a border line case and that the petitioner does not bear history of involvement in such cases in the past.
4. Learned DPG has vehemently opposed the petition. It is contended that the petitioner was taught red handed while carrying huge quantity of charas after concealing the same in the fertilizer bag. It is further contended that the recovery of the scale, weights and a sum of Rs,900/- substantiate the allegation of the prosecution. It is, however, admitted that he does not bear history of involvement in such cases in the past.
5. The FIR does not reveal if the charas was weighed after removing the paper in which it was wrapped so its exact weight cannot be ascertained, which may more or less than one Kilogram.
From this angle, the case hovers over the border line of Sections 9-B and 9-C of the Control of Narcotic Substances Act, 1997. No one has seen the, petitioner while selling the charas so alleged recovery of scale and weights does not show that he is involved in the selling the same. No evidence is available on the record to show that the sum of Rs,900/- allegedly recovered from the petitioner was, in fact, sale proceeds. Admittedly, the petitioner was not involved in any case under the Control of Narcotic Substances Act, 1997, in the past. He is behind the bars for a period of more than three months and his person is no more required for further investigation.
6. For the reasons supra, the petition is accepted and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs, 100,000/- (Rupees one lac only) with one surety in the like amount to the satisfaction of the learned trial Court.