Having been fizzled out in obtaining the relief of post-arrest bail from the learned Court below , the petitioner by means of instant petition has prayed for same in a case registered vide FIR No. 01, dated 09.01.2021, offence under Section 9(c) of the Control of Narcotic Substances Act, 1997, at P .S. BMP Rakhi Garg, District D.G. Khan.
2. The promo of prosecution story as contained in the crime report is that on 09.01.2021 at 11.30 AM, the police posse of BMP while checking intercepted Mazda Dalla bearing No. 113/NAD driven by Abdul Shakoor and on its front seat, the petitioner was sitting and from the body of Mazda 105 packets of Charas wrapped in shopping bags each weighing 900 grams total 94.500 kilograms Charas was recovered. Hence, this case was registered.
3. Arguments heard. Record perused.
3. It has been observed that when the petitioner was arrested by the Border Military Police (BMP), he was not driving the car nor any narcotics was recovered from his exclusive possession rather he was sitting on the front seat of the Dala/vehicle. Learned Law officer under instructions of the police officer present in the Court states that there is nothing on the record to connect the petitioner with the Dala in question. In these circumstances, the case of the petitioner becomes one of further inquiry falling within the ambit of Section 497, Cr.P.C. In this context reliance is placed upon case titled Hussain Ullah v. State and another (2019 SCMR 1651 ). 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 such backdrop, by keeping him behind the bars for an indefinite period would serve no useful purpose. Even otherwise when confronted, learned Law Of ficer states that petitioner is previous non-convict.
4. In view of above, the petition in hand is allowed subject to furnishing bail bonds by the petitioner in the sum of Rs. 5,00,000/- (five lac) with one surety in the like amount to the satisfaction of learned trial Court and he is admitted to post arrest bail.