Manzoor Ahmad Malik, J.-Through this petition, the petitioner impugns the order dated 17.8.2017 whereby bail was refused to him by the learned Lahore High Court in case. FIR No, 96 dated 16.03.2017, offence under Section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Phularwan, District Sargodha.
2. The prosecution case, as per FIR, is that on the fateful day a police party , on a secret information, raided at Salam Bhalwal Road, Mian Muqeem Road More where a car was parked. On the driving side of the car co- accused of the petitioner namely Zahid Shah was present who was arrested. Zahid Shah disclosed that he had already handed over two packets of charas to Naeem Rashid who was also arrested and two kilograms of charas was recovered from his possession. The police also arrested Pervaiz Ahmed who was sitting on the front seat of the car and petitioner Hussain Ullah who was sitting on the rear seat of the car. On search of the car three more packets of chars weighing three kilograms were recovered.
3. After hearing the learned counsel for the petitioner , learned Law Officer and perusal of available record, it has been observed by us that when the petitioner was arrested by the police, he was not driving the car nor any narcotic was recovered from his exclusiv e possession rather he was sitting on the rear seat of the car. Learned Law Officer has confirmed under instruc tions of the police officer present in Court that there is nothing on the record to connect the petitioner with the car. In these circumstances, the case of the petitioner becomes one of further inquiry falling within the ambit of Section 497 Code of Criminal Procedure. He is behind the bars since 16.3.2017 and nothing is to he recovered from him. In this backdrop, no useful purpose shall be served by keeping him incarcerated for an indefinite period.
4. For the foregoing, this petition is conve rted into an appeal and the same is allowed. Appellant-Hussain Ullah is admitted to bail (in the instant FIR) subject to his furnishing bail bond in the sum of Rs, 5,00,000/- (five lac only) with one surely in the like amount to the satisfaction of the learned trial Court.