The petitioner namely Jaffar Khan was arrested by the police in case FIR No. 250 dated 31.05.2020 offence under Section 9(c) of The Control of Narcotic Substaices Act, 1997(hereinafter referred as "CNSA, 1997"), registered at Police Station Karor , District Layyah on the allegation that he alongwith his co-accused has cultivated 'Bhang' for the purpose of selling. A raid was or ducted by the police on the basis of spy information at the pointed place from where the petitioner was taken into custody and 'Bhang' weighing 32 kilograms was also taken into possession whereas co-accused decamped from the soot.
2. Heard. Record perused.
3. It is prosecution's own case that 'Bhang' was cultivated on the land owned by Ghulam Abbas co-accused. At the time of raid the petitioner was shown in the company of Ghulam Abbas who succeeded to flee away . The alleged recovery was effected from the land owned by co-accused and there is no material with the prosecution to connect the petitioner with the ownership of the said land. The prosecution is till yet bereft of any incriminating material showing association of the petitioner with his co-accused for the commission of the alleged offence. Mere presence of the petitioner at the alleged place of recovery is not sufficient to saddle him with criminal liability . The petitioner is admittedly resident of a vicinity far flung of the alleged place of recovery .
4. Apparently Ghulam Abbas was the main perpetrator of the offence as per prosecution case who has been allowed pre-arrest bail by the learned Addl. Sessions Judge, Karor Lal Eason through order dated 18.06.2020 which has not been called in question till yet. Mere levelling of allegation of commission of heinous offence is not sufficient to curtail liberty of a citizen which otherwise is guaranteed under the Constitution of the Islamic Republic of Pakistan, 1973.
5. There is yet another important aspect that despite lapse of about two months from the registration of the case and sending of sample parcels to the Punjab Forensic Science Agency . The report to this effect is still awaited, without which, it cannot be said that the alleged recovered substance is actually a narcotic substance attracting penal provisions of "CNSA.1997". There is no cavil that in terms of Section 51 of "the Act, 1997", there are different yard sticks for dealing with the matter of release of an accused on bail but once it is established from the tentative assessment of the available material that there are sufficient grounds for further inquiry into the guilt of the accused he became entitled for bail as a matter of right but not grace. From the tentative assessment, it can be safely inferred that the case of the petitioner requires further inquiry and probe.
6. For the foregoing seasons, I am inclined to allow the instant petition and enlarge the petitioner Jaffar Khan on post-arrest bail subject to furnishing his bail bonds in the sum of Rs. 1,00,000/- (Rs. One lac only) with one surety in the like amount to the satisfaction of learned Trial Court.
7. Needless to observe that the observations made hereinabove are only tentative in their nature and are strictly confined to the extent of grant of instant bail.