Aamir Shehzad, the petitioner by filing the instant criminal miscellaneous, prays for post arrest bail in case F.I.R. No, 297/2016, dated 15.12.2016, under Section 9-C of the Control of Narcotic Substances Act, 1997 registered at Police Station Lamar Mushani, District Mianwali.
2. As per crime report, the petitioner was arrested by the police party on spy information and from his personal search, 1250-grams Charas alongwith sale amount Rs,500/- was recovered.
3. Arguments heard. Record perused.
4. The record shows that the petitioner was apprehended on 15.12.2016 and has been sent to judicial lock up. From the contents of the F.I.R. it is not clear whether recovered Charas was weighed alongwith shopper or it was separated for weighing, so this aspect is yet to be ascertained by the learned trial Court. As such keening in view the quantity of recovered Charas, it is bit on higher side than from the quantity of charas falling under ambit of Section 9-B of Control of Narcotic Substances Act, 1997. The petitioner is behind the bars since his arrest and is no more required for further investigation. In the F.I.R. it is not mentioned that any sealed parcel of sample was prepared for chemical analysis to ascertain that the recovered item is contraband Charas or not.
5: After examining the record tentatively, this petition is accepted and the petitioner is allowed post arrest bail subject to his furnishing bail bond in the sum of Rs,200,000/- with two sound sureties in the like amount to the satisfaction of learned trial Court.