' Petitioner seeks post arrest bail in case FIR No, 543/2014 dated 02.09.2014 under Section 9(c)
Control of Narcotic Substances Act, 1997 registered at Police Station City Sahiwal, wherein, allegation against the petitioner is that when raid was conducted, he was found in possession of a shopper containing 1210-grams of charas.
2. We have heard the arguments of learned counsel for the petitioner as well as learned Deputy Prosecutor General and perused the available record.
3. It is case of the prosecution that on spy information when raid was conducted, the petitioner was apprehended and was found in possession of 1210-grams of charras, as such, a small quantity of contraband "charras" exceeded the prescribed upper limit of the quantity of the narcotic, as mentioned in Section 9(c) of the CNSA, 1997, which resulted in bringing the case of the present petitioner within the mischief of 9(c) of the Control of Narcotic Substances Act, 1997. In this case, there is nothing on the record to say that whether the narcotic, allegedly recovered from the petitioner, was weighed with its wrapper/shopper or it was separated from the wrapper/shopper and then weighed. In this view of the matter, when on this aspect nothing can be said with exactitude, an inference favorable to the petitioner can be drawn that the narcotic substance recovered from the petitioner was weighed with its wrapper/packet, therefore, the question about exact weight of the recovered narcotic substance would require further inquiry, as such a little difference, prima facie, casts doubt on the prosecution story qua involvement of the present petitioner in a case covered under Section 9(c) of the Control of Narcotic Substance Substances Act, 1997. Additionally, the petitioner is previous non-convict, he is behind the bars and after completion of investigation the challan has been submitted, but there is no progress in the. Trial.
Consequently, this petition is allowed and petitioner is admitted to post arrest bail on furnishing bail bond in the sum of Rs, 100,000/-with one surety in the like amount to the satisfaction of learned trial Court.