' MALIK HAQ NAWAZ, J.---The petitioner was booked for the above offences vide FIR No, 16/2015 registered under section 9(c) of CNSA-1997 at Police Station ANF, Gilgit.
2. As per the story of prosecution unfolded in FIR the petitioner was caught red handed on 07-12- 2015 near Chinar Bagh RCC bridge and a shopping bag was recovered from his possession, which was taken into possession by ANF official and on opening of the shopping bag "Charas" weighing 1030 grams was recovered, which as per prosecution story was taken into possession in presence of marginal witnesses. The petitioner was arrested and after completion of investigation he was sent in judicial lock up.
3. The petitioner applied for grant of bail before the learned trial Court, which was refused vide order dated 05-04-2016 and being dis-satisfied from the said order the petitioner has approached to this Court for the same relief.
4. The learned counsel for the petitioner at the very outset submitted that the prosecution story if accepted as correct and true, the case of the petitioner is a border line case between section 9(b) and section 9(c), therefore, the concession of bail be extended to him. The learned counsel further submitted that despite prior information the ANF official did not associate any private person in the recovery proceeding, which factor be considered in favour of petitioner, while considering the question of bail.
5. On the other hand the learned special prosecutor opposed with vehemence the arguments of the learned defence counsel and submitted that the petitioner was caught red handed and a huge quantity of illicit narcotic has been recovered from his possession, which exceeds 1000 grams and entails the punishment which falls within the prohibitory clause of section 497, Cr.P.C. The learned special prosecutor further contended that the petitioner was dealing in a narcotic trafficking which is an offence against society and discretion of bail should not be extended in such like cases.
6. We have heard the valuable arguments of both the learned counsel. The petitioner was caught red handed by the ANF official as per the story narrated in the FIR and contraband "Charas" weighing 1030 grams was recovered from his personal search. The contention of learned defence counsel that provisions of section 103, Cr.P.C. Were violated does not hold field as the provisions of section 103, Cr.P.C. Are not attracted in the case of personal search and moreover the provisions of section 103, Cr.P.C. Have specifically been excluded by insertion of section 25 in the Act of CNSA- 1997. However, since the quantity of "Charas" recovered from the petitioner marginally exceeds 1000 grams and it is a border line case of section 9(b) or section 9(c) and attracts the provisions of section 497(2), Cr.P.C.
7. We in the result of above discussion vide our short order dated 23-6-2016 allowed bail to the petitioner which reads:-- "The instant bail petition is accepted. The petitioner/accused be released on bail subject to his furnishing bail bonds in the sum of Rs, 1,000,000/- (ten lac only) with two sureties each in the like amount to the satisfaction of trial Court. "
8. The instant petition is disposed of accordingly. File.