Irshad Hussain, petitioner seeks post-arrest bail in case registered vide F.I.R. No, 656/2018 dated 23.12.2018, under Section 9(c) of the Control of Narcotic Substances Act, 1997, at Police Station Rohilanwali, Muzaf fargarh.
2. Allegedly a police contingent apprehended the petitioner and got recovered two and, half kilogram Bhang.
3. I have considered the arguments of the learned counsel for the parties and have perused the record, which reflects that no time of occurrence find mentioned in the crime report registered on 23.12.2018 at 08:55 p.m. There was no mention or specification as to which particular part of the plant was recover ed from the petitioner and, thus, the requirements of Section 2(d)(ii) of the Act ibid are not fulfilled, and it would be adjudged by the learned trial Court after recording evidence at trial if the case of the petitioner falls within the ambit of Section 2(d)(ii) of the Control of Narcotic Substances Act, 1997. Ref: "Muhammad Zafar v. The State and others" (2018 MLD 1416 ). The petitioner is in jail since his arrest and his continuous detention for indefinite perio d would be unfair . The petitioner has got no previous record and, thus, would be believed as first offender . The speedy trial is the right of the accused and nobody can be detained in jail by way of advance punishment. The petitioner is still awaiting his trial without some material progress.
4. For what has been discussed above, this petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in 'the sum of Rs, 2,00,000/- with one surety in the like amount to the satisfaction of learned trial Court/duty judge. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.