The petitioner Ghulam Abbas seeks post-arrest bail in case/FIR No, 46/2018, dated 26.1.2018, registered under Section 9(c) of The Control of Narcotic Substances Act, 1997 at Police Station City Ahmadpur East, District Bahawalpur.
2. Arguments heard and record perused.
3. According to the contents or the F.I.R, in consequence of raid on spy information, petitioner was apprehended and "Charas" weighing 1300 grams was allegedly recovered from his possession.
Obviously, only a meager quantity of narcotic substance i,e, 300 grams has brought the case of the petitioner within the mischief of Section 9(c) of The Control of Narcotic Substances 'Act, 1997. No evidence regarding the sale of the alleged "Charas" by the petitioner is available on the file. The petitioner is previous non-convict, behind the bars since his arrest i,e, 26.01.2018 and is no more required for the purpose of investigation. Learned counsel for the petitioner has produced copy of unreported order dated 1.3.2017, delivered in Criminal Petition No, 1344 of 2016 titled "Saeed Ahmad vs. The State thr. P.G. Punjab and another" by the Hon'hle Supreme Court of Pakistan whereby their Lordships have pleased to observe as under: "The record reveals that the petitioner has been found in possession of 1350 grams of charas. Since the substance recovered marginally exceeds 1 k.g. we doubt petitioner could be awarded maximum sentence provided by the statute. The fact that he has been in jail for more than seven months and his trial is not likely to be concluded in the near future would also tilt in favour of grant of bail rather than refusal."
Hence, in view of above-said un-reported order, this bail petition is accepted and the petitioner is admitted to post arrest bail, subject to his furnishing bail bonds in the sum of Rs, 2,00,000/- (rupees two hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.