ORDER Through the instant criminal miscellaneous petition, the petitioner Muhammad Naeem seeks his post-arrest bail in a case arising out of F.I.R. No. 348/2012, dated 12.8.2012, registered with Police Station Ferozwala, District Gujranwala, under Section 9(c) of Control of Narcotic Substances Act, 1997.
2. Precisely, the prosecution story as narrated in the F.I.R, is that Charas weighing 1120 grams was recovered from the possession of the petitioner at the time of raid.
3. After hearing the arguments of the learned counsel for the parties and perusing the record, we find that Charas weighing 1120 grams allegedly was recovered from the possession of the petitioner. Only a meager quantity of narcotic substance i.e. 120 grams has brought the case of the present petitioner within the mischief of Section 9(c) of Control of Narcotic Substances Act, 19'97.
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 borderline case between clauses (b) and (c) of Section 9 of Control of Narcotic Substances 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. Furthermore, the petitioner is-not previously involved in such-like case. He is behind the bars since 12.8.2012 and his further detention in jail would not advance the case of the prosecution. Therefore, we consider it a fit case for grant of bail.
4. In view of above, the instant post-arrest bail petition, filed on behalf of Muhammad Naeem is accepted and he is admitted to bail subject to furnishing of bail bonds in the sum of Rs. 1,00,000/- with one surety, in the like amount to the satisfaction .Of the learned Trial Court.