By means of instant petition, Sajjad Ali/petitioner has sought for his post arrest bail in case FIR No, 58/2013, dated 09.03.2013, offence under Section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Rangpura, Sialkot.
2.Prosecution story, in brief, as per contents of the crime report is that on 09.03.2013 the petitioner was apprehended by the police and from his possession 1015 grams contraband charas was recovered.
3. Learned counsel for the petitioner while addressing the Court contends that the petitioner is innocent, who has falsely been involved in this case. Learned counsel next submits that nothing was recovered from the petitioner and the alleged recovery is planted one. Adds that even as per prosecution own version 1015 grams contraband charas was recovered, hence prosecution case against the petitioner is a border line case of Section 9(b) of the Control of Narcotic Substances Act, 1997.
Learned counsel next argues that the petitioner is first offender, who is behind the bars for the last about three months and the investigation being complete, his person is no more required by the police, hence he is entitled to the concession of bail.
4. Contrarily, learned Deputy Prosecutor General forcefully opposes this petition on the ground that huge quantity of contraband charas was recovered from the petitioner at the time of his arrest.
5. We have heard the arguments advanced from both sides and gone through the record available on file.
6. Bare perusal of the record available on file reveals that allegedly at the time of his arrest 1015 grams contraband charas was recovered from the petitioner, however, prima facie the same is slightly on higher side of upper limit of Section 9(b) of the Control of Narcotic Substances Act, 1997.
It was the contention of learned counsel for the A petitioner that the petitioner is first offender and nevertheless the learned Deputy Prosecutor General perused the record, however, could not point out any similar case previously registered against the petitioner. The petitioner is stated to be behind the bars since the date, of his arrest and the investigation being complete, his person is no more required by the police.
7. In such circumstances of the case, we have been persuaded to allow this petition as a consequence whereof, Sajjad Ali/petitioner is admitted to bail after arrest 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.