Through the instant petition, Munawar Hussain, petitioner has sought post arrest bail in case FIR No, 239 dated 15.04.2017 registered under Section 9(c) of Control of Narcotic Substances Act, 1997 at Police Station Gogera, District Okara.
2. Precisely, the facts of the prosecution case as per crime report are that Ghulam Qadir SI received spy information that the petitioner has kept opium for sale in police Choki GD/43 of Police Station Gogera. Upon which raid was conducted and the petitioner was apprehended while sitting on chair in the said police Choki and on opening his iron box opium weighing 4800 grams was recovered.
3. We have heard the learned counsel for the parties and have gone through the record with their able assistance.
4. This is bail after arrest and only tentative assessment is required and deeper appreciation of evidence is not permissible at this stage. It has been maintained by the learned counsel for the petitioner that as per Annex-D, the petitioner was placed under suspension on 13.04.2017 and was directed to report in Police Lines, therefore, on the very next day it was not possible for him to go to the police Choki and sit there. The stance of the learned counsel for the petitioner is that as a matter of fact the DPO Okara was annoyed with the petitioner, therefore, after placing the petitioner under suspension got him arrested and registered insant false case. In such eventuality, when the petitioner was under suspension it was not possible for him to go to the police Choki and sit there in a casual manner, therefore, mala fide on the part of the police cannot be ruled out that the petitioner has been roped in the instant case for ulterior motive, hence in such circumstances the benefit of doubt at bail stage would go to the accused as his case need further probe. 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.
5. In view of what has been said above, the instant petition is allowed and Munawar Hussain, petitioner is admitted to post arrest bail, subject to 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.