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2015 LHC 5320

Lal Muhammad vs The State etc

Citation2015 LHC 5320
CourtLahore High Court
Case No.Cr.Misc.No.3961-B/2015
Date2014-07-09
Judge(s)Syed Shahbaz Ali Rizvi, Aslam Javed Minhas
ResultN/A

Through this petition, petitioner Lal Muhammad seeks post-arrest bail in case F.I.R. No.202/2015, dated 21.04.2015, for offence under Section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Noor Shah, District Sahiwal.

2. Allegation against the petitioner is that he was found in possession of charas weighing 1050 grams along with sale amount of Rs.300/- at the time of his arrest by the police party.

3. Heard. Record perused.

4. The charas allegedly recovered from the petitioner is 1050 grams that is slightly higher in weight mentioned under clause (b) of Section 9 of the Control of Narcotic Substances Act, 1997. The said weight might have occurred due to weighing of the substance along with the shopping bag/ casing, wherein it was wrapped and kept, as nothing is available on the record to suggest that weighing was made without the above mentioned packing material. Petitioner is behind the bars since 21.04.2015 and he is no more required for the purpose of investigation. Further incarceration of the petitioner is of no consequence to the prosecution case. Investigating Officer, present before the Court, confirms that the petitioner has no previous criminal record of such like cases. Therefore, we allow this petition and admit the petitioner to bail subject to his furnishing bail bond in the sum of Rs.100,000/- (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.

4. It is, however, clarified that the observations made hereinabove are just tentative in nature and strictly confined to the disposal of this bail petition.

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