Petitioner seeks post arrest-bail in a case arising out of FIR No, 524/2014 dated 09.10.2014 registered at the Police Station Noor Shah, Sahiwal under Section 9(c) of the Control of Narcotic Substances Act, 1997, wherein, the allegation against the petitioner is that on spy information when rah. was conducted, he was found possessing 1050-grams of charas with him.
2. We have heard the arguments of learned counsel for the parties 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 1050-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 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.