The petitioner namely Ghulam Qasim seeks post arrest bail in case FIR No. 668, dated 20.12.2014, registered under Section 9(c) of the Control of Narcotic Substances Act, 1997, at Police Station Jatoi, District Muzaffargarh.
2. The precise facts, as per FIR, are that when the Police party headed by Muhammad Siddique ASI was on patrolling and available in the area of Jalo Sahu Chaki, Police Station Jatoi, District Muzaffargarh, on the basis of spy information, the petitioner was overpowered and from a bundle (Gattu) which was with him, bhang weighing 10 kilogram was recovered.
3. Arguments heard and record perused.
4.. In the FIR, no particular part of the alleged recovered bhang has been mentioned. In this way, in the light of the law laid down in cases "Ghulam Hussain versus State & another" (PL 2015 Cr.C.
(Lahore) 167 (DB) and "A.I Asghar versus The State etc." (2015 P.Cr.R. 30), it would be seen during the trial, whether the matter would fall under the Act ibid or Prohibition (Enforcement of Hadd) Order, 1979. The report of Chemical Examiner is also still awaited, meaning thereby that till now, nature of the alleged recovered substance could not be confirmed to be the bhang. The petitioner is behind the bars for the last seven months and as such no more required for any further investigation in this case. As per record maintained by the Police, he does not have any previous criminal history.
All the above mentioned facts & circumstances, in our view, have made the case to be fit enough for grant of bail, within the meaning of Section 51 of Section 9(c) of the Control of Narcotic Substances Act, 1997.
5. Resultantly, this petition is allowed, and the petitioner is admitted to bail, subject to furnishing bail bonds in the sum of Rs.2,00,000/- (Rupees two lac only) with one surety, in the like amount to