Through the instant petition, Muhammad Hayat petitioner has sought pre-arrest bail in case FIR No, 34 dated 06.02.2017 registered under Section 9(b) of Control of Narcotic Substances Act, 1997 at Police Station City Kabirwala, District Khanewal.
2. Succinctly, the facts of the prosecution case as per crime report are that Rana Gul Faraz, ASI received spy information that the petitioner was selling charas. Upon which raid was conducted by the police and on seeing the police party, Muhammad Hayat, accused petitioner ran away after leaving behind a shopping bag after taking advantage of mango trees. On search of the shopping bag left by the petitioner, charas weighing 120 grams was recovered.
3. Heard. Record perused.
4. This is bail after arrest and only tentative assessment is required and deeper appreciation of evidence is neither desirable nor permissible at this stage. It divulges from the record that the petitioner was not apprehended at the spot rather, according to the prosecution, he made his escape good from the clutches of five police officials which itself makes the case of the petitioner as one of further inquiry. Whether the petitioner was the person who fled away from the spot leaving behind the contraband, is a question which will be determined by the learned trial Court after recording of evidence, therefore, at present the petitioner has made out a case for pre-arrest bail. Although Section 51 of the Control of Narcotic Substances Act, 1997 imposes an embargo on grant of bail to an accused person in narcotic case but the right of bail cannot be withheld as punishment. The petitioner has no previous antecedents in his favour to dis-credit him from the concession of pre-arrest bail.
5. For what has 'been said above, the instant petition is allowed and the petitioner is admitted to pre-arrest bail subject to his furnishing fresh bail bonds in the sum of Rs, 1,00,000/- (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.