The petitioner, namely, Dilnawaz alias Javed, seeks post arrest bail in case F.I.R. No, 575, dated 12.08.2014, registered under Section 9(c) of the Control of Narcotic Substances Act, 1997 at Police Station Farid Town, District Sahiwal.
2. The precise facts, as per FIR, are that when upon a spy information, the petitioner was over powered and searched by the police party, from a shopping bag which was with him, charas was recovered, which on weighing became 01-KG and 500-grams.
3. Arguments heard. Record perused.
4. In the FIR, recovery of charas weighing 01-KG and 500-grams has been alleged but in the application moved by the police before the learned Area Magistrate for judicial remand of the petitioner, the recovered substance has been described to be 01-KG and 05-grams. In the rough site-plan prepared on the day of occurrence, the quantity of the alleged recovered substance his been written as 01-KG and 10-grams. The learned Deputy Prosecutor General has failed to justify the above mentioned alarming contradictions regarding weight of the alleged narcotic substance.
He has frankly stated that till now the above mentioned contradictions have not been cured and as such are available on the record.
5. The above mentioned facts and circumstances, in our view, have made the case to be a fit one for grant of bail within the meaning of Section 51 of the Act ibid. The petitioner is behind the bars, hence no more required for any further investigation in this case. As per the record maintained by the police, he does not have any previous criminal 'antecedent.
6. Resultantly, the petition in hand is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,2,00,000/- (rupees two lac only) with one surety in the like amount to the satisfaction of learned trial Court.
7. A copy of this order be sent to the District Police Officer, Sahiwal, who shall note the above mentioned difference, in the weight of the alleged recovered narcotic substance, in the above mentioned documents. He shall probe if above mentioned has been made deliberately to give undue concession to the accused and shall not spare any one, who is found at-fault.