The petitioner seeks post-arrest bail in case FIR No, 70 dated 17.2.2013 registered under Section 9(c), Control of Narcotic Substances Act, 1997 at Police Station, City Jalalpur Pirwala, District Multan.
2. The allegation against the petitioner is that he was found in possession of chars weighing 1000 grams and opium weighing 4000 grams.
3. Learned counsel for the petitioner has contended that the case against the petitioner is false and concocted one. According to FIR itself 4000 grams of opium containing four packets was allegedly recovered from the possession of the accused petitioner but sample was obtained after consolidating all the packets. Therefore it will be considered that sample was taken only from one packet. Furthermore, the petitioner is behind the bars from the last more than four months and the conclusion of trial is not insight. Therefore, the petitioner is entitled to the concession of bail.
Learned counsel for the petitioner has relied on Fareed Ullah v. The State (2013 SCM R 302), Ghulam Murtaza etc. v. The State (PLD 2009 Lahore 362) and Jamal-ud-Din u. The State (2012 SCM R 573).
4. Application is opposed from the complainant side and it is contended by the learned Deputy Prosecutor General that huge quantity of opium and chars was recovered from the possession of the accused-petitioner. Sufficient incriminating evidence is available on record against the petitioner. Therefore, he is not entitled to the concession of.
5. Arguments heard. Record perused.
6. It has been mentioned in the FIR itself that four packets of opium were allegedly recovered from the possession of the accused petitioner and incharge of the raiding party after consolidating all the four packets, obtained sample of 40 grams. Therefore, in the light of case law reported as Ameer Zeb v. The State (PLD 2012 SC 380) it will be considered that sample was taken from one packet. The petitioner is behind' the bars from the last about four months. The challan has been submitted but the conclusion of trial is not insight.
7. Therefore, relying on Jamal-ud-Din u. The State (2012 SCM R 573), this petition is accepted and the petitioner is admitted to post arrest bail subject to his furnishing 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.