' Petitioner Imtiaz Hussain seeks his post-arrest bail in a case bearing F.I.R. No, 62, dated 29.01.2016, offence under Section 9-C of the Control of Narcotic Substances Act, 1997 registered with Police Station Luddan, District Vehari.
2.. Precisely, the prosecution story as narrated in the FIR is that charas weighing 1150 grams along with sale amount of Rs, 480/-was recovered from the possession of the petitioner at the time of raid.
3. Learned counsel for the petitioner argued that the petitioner is innocent and has been involved in this case falsely by the police. Further argued that nothing was recovered from the petitioner and the alleged charas has been foisted upon him by the police; that only 10 gram charas was sent for chemical analysis.
4. On the other hand learned Deputy Prosecutor General opposed this petition with vehemence.
5. After hearing the arguments of learned counsel for the parties and perusing the record, we find that charas weighing 1150 grams allegedly was recovered from the possession of the petitioner.
Only a meager quantity of narcotic substance i.e, 10 grams has brought the case of the present petitioner within the mischief of Section 9(c) of Control of Narcotic Substances Act, 1997. Possibility of weighing the packing material along with the narcotic cannot be ruled out. Furthermore, the petitioner is not previously involved in such like cases. He is behind the bars since 29.01.2016 and his further detention in jail would not advance the case of the prosecution. Therefore, we consider it a fit case for grant of bail.
6. In view of above, the instant post arrest bail petition, filed on behalf of Imtiaz Hussain is accepted and he is admitted to bail subject to furnishing of his bail bonds in the sum of Rs, 2,00,000/- with