The petitioner seeks port-arrest bail in case F.I.R. No, 32, dated 22.1.2013, under Section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Batapur, Lahore, on the complaint of Mubashir Ahmad, ASI.
2. The petitioner was allegedly found in possession contraband charas weighing 1010 grams, when apprehended by the police on 22.1,2013.
3. After hearing learned counsel for the parties and perusing the record, it is observed that quantity of the recovered 'substance exceeds , one kilogram by 10 grams, which may be for the reason that the recovered substance was scaled along with its wrapper. The probability cannot be outrightly ruled out that for weight of the envelope, the actual weight of the contraband might have receded to one kilogram or. even less. Mere involvement of the petitioner in another case of identical nature without any conviction, may not be a detrimental factor to the bail plea of the petitioner, Reliance in this regard is placed on the case Jamal-ud-Din alias Zubair Khan v. The State (2012 S.C.M.R. 573).
The A investigation 'stands completed and report under Section 173, Cr,P.C. has already been deposited with the trial Court. In this eventuality, further incarceration of the petitioner may be of no consequence to the prosecution's case. Therefore, we accept this application and admit the petitioner to post-arrest bail subject to furnishing bail bonds in the sum of Rs,2,00,000/- (Rupees two lacs) with two sureties each in the like amount to the satisfaction of the learned trial. Court.