Through this application the petitioner seeks post-arrest bail in case FIR No. 195/2020 dated 14-4-2020 registered at police Station Chowk Azam, District Layyah, registered under Sections 23, 27, 30 of the Drug Act, 1976.
2. Briefly , the prosecution case is that a huge quantity of unregistered medicines were recovered from him when he was at Fatehpur Road (opposite Madina Medical Store), Chowk Azam, Layyah.
3. Arguments heard. Record perused.
4. The petitioner is alleged to be a peddler and was arrested from a thoroughfare. However , there is no evidence that he was selling or even trying to sell any medicine to anybody . There is also nothing on record to show that the samples from the recovered medicines were sent to the Government Analyst which could establish that they were spurious. Mere possession of unregistered medicine does not constitute any offence under Section 23 of the Drugs Act, 1976. Accordingly , further inquiry within the meaning of Section 497(2), Cr.P.C. is required to determine the petitioner's guilt.
5. The petitioner is behind the bars since 14-4-2020. He is not required by the police for any further probe. His continuous incarceration would not advance the prosecution case.
6. In view of the foregoing, this application is allowed and the petitioner is admitted to post-arre st bail subject to his furnishing bail bond in the sum of Rs. 200,000/- (Rupees two hundred thousand) with one surety in the like amount to the satisfaction of the learned trial Court.