Saeed Ahmad, the petitioner has sought post-arrest bail in case FIR No, 348 dated 04.10.2018, registered at Police Station Saddar Jalalpur Pirwala, District Multan for an offence under Section 9-C of the Control of Narcotic Substances Act, 1997 facing the allegatio n that on 04.10.2018 at 05:00 p.m., he was apprehended by the police contingents on suspicion and on his personal search, 1300-grams charas alongwith sale proceed of Rs, 470/- were recovered. Hence, this case was registered.
2. Arguments heard. Record perused.
3. Allegedly , charas weighing 1300-grams alongwith sale proceed of Rs, 470/- were recovered from the petitioner at the time of his apprehension by the police which, as per prosecution's version, is marginally above the upper limit of Section 9(b) of the Control of Narcotic Substances Act, 1997 but there is nothing on record to suggest that the contraband material recovered from the petitioner was put on the scale with or without wrapper and removal thereof might have reduced its actual weight. The report of Chemical Examiner has not been received so far. The investigation of this case has already been completed, the petitioner is behind the bars since his arrest and is no more required for further investigation. In an identical unreported case bearing Criminal Petition No, 1344 of 2016, the I Hon'ble Supreme Court of Pakistan, vide order dated 01.03.2017, has observed 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."
4. In view of above, the petition in hand is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 100,000/- (rupees one lac) with one surety in the like amount to the satisfaction of learned trial Court.