' Petitioner Nadeem Zafar has moved this petition for grant of post-arrest bail in case F.I.R. No. 43/2012 dated 25-7-2012 registered under sections 9(c), 15 and 16 of the Control of Narcotic Substances Act, 1997 at Police Station Regional Directorate ANF, District Rawalpindi.
2. Contents of the F.I.R. As narrated therein on the complaint lodged by Muhammad Munir Abid, Sub Inspector are that he received letter dated 20-7-2012 from the Joint Director, ANF Regional Directorate, Rawalpindi wherein it was informed that during the investigation of case F.I.R. No. 40 of 2011 it transpired that the Ministry of Health, Government of the Pakistan, Islamabad in the year 2010 has allocated the quota of controlled substance of Ephedrine HCL to different pharmaceutical companies but it was not used for manufacturing the required medicine. It was further mentioned that 99 companies were provided said quota out of which 28 including Messrs Friends Pharma (Pvt.) Ltd., 31 KM Ferozepur Road, Lahore did not consume that controlled substance/Ephedrine HCL rather it was misused or further sold out to different persons for illegal purposes. On this report instant case above mentioned was registered.
3. Learned counsel for the petitioner contends that allegations against the petitioner are false, he has not committed any offence; that there is unexplained delay of 19 months in lodging the F.I.R.; that petitioner was issued license for preparation of Coufout Tablet and as a raw material he applied for issuance of quota of 500 kgs of Ephedrine HCL which was duly granted to him on 19.5.2010; that petitioner secured the substance in different instalments from the manufacturer as and when required according to the capacity of his factory; that petitioner prepared the medicine in 20 batches and supplied it to Messrs New Shafique Traders, Kasur and Messrs 3N Life Med, Kasur; that those distributors have already executed affidavits in favour of the petitioner before the learned trial Court that they received the supply and whatever their statements allegedly were recorded by investigating agency were under duress and coercion and that petitioner is detained in the lock-up, he is no more required by the police for further investigation purposes. Even otherwise, provisions of section 9 of Control of Narcotic Substances Act, 1997 are not applicable in the peculiar facts and circumstances of the present case; that application of offences under sections 15 and 16 of the Act, ibid, in the circumstances if at all is considered, offence under section 16 of the Act ibid is maximum punishable up to one year's R.I, hence, a bailable offence; that challan has already been submitted. Prayed that post-arrest bail be allowed as at present the learned Presiding Officer has since been transferred and his successor has also not been appointed by the Federal Government.
4. On the other hand, learned Special Prosecutor for ANF has opposed the arguments advanced by learned counsel for the petitioner on the grounds that statements of Saleem Ahmad, Sharafat, Khalid Hameed and Idrees, the employees of petitioner's company have been recorded wherein they had categorically stated that the Ephedrine HCL quota granted to the petitioner was never used for the preparation of any medicine rather it was sold out to Ventic Pharma Company in violation of the rules, hence, prima facie offence under section 9(c) of the Control of Narcotic Substances Act, 1997 is made out, which is maximum punishable up to death penalty. Prayed that this bail petition be dismissed.
5. We have considered the arguments advanced by learned counsel for the parties and have gone through the record.
6. If the allegation levelled in the F.I.R. And subsequent investigation is seen, there is no allegation against the petitioner that he was granted the quota of 500 kgs of Ephedrine, a controlled substance, without due process of law. Admittedly, petitioner applied before the competent authority and to manufacture certain medicine that quota was granted in his favour. At the best, at present, whatever allegation levelled against the petitioner is, that he misused the quota of 500 kgs of Ephedrine HCL rather he has sold it out to someone else in violation of the rules applicable. The prosecution itself has applied section 16 of the C.N.S. Act, 1997, which is beneficial to be reproduced here:- "Punishment for offence for which no punishment is provided.---Whoever contravenes any provision of this Act or any rule or order made, or any licence, permit or authorization issued hereunder, for which no punishment is separately provided punishable provided in this Chapter, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both."
' If the above-mentioned provision is seen, it is maximum punishable up to one year R.I or with fine which may extend to Rs.5000 or both, hence, a bailable offence. As far as, application of section 9 of the Act, ibid, is concerned, there is no evidence available on record for the violation of the provisions under sections 6, 7, and 8 of the Act, ibid, hence, when petitioner was arrested, sent to lock-up and challan has already been submitted, thus, in these circumstances, keeping him in jail will not serve any useful purpose, therefore, in the light of above discussion we allow this petition with the direction to release the petitioner Nadeem Zafar forthwith subject to his furnishing bail As in the sum of Rs.5,00,000 (Rupees five hundred thousand only) with two sureties each in the like amount to the satisfaction of learned trial Court/Sessions Judge, Rawalpindi. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.