Through the instant petition, the petitioner-Muhammad Jahangir Khan seeks his post-arrest bail in a case arising out of FIR No.318, dated 06.07.2021, registered at Police Station R.A. Bazar, Rawalpindi, under Section 9(c), Control of Narcotic Substances Act, 1997.
2. The allegation against the petitioner is that on secret information of an agent, when he was checked, he was found in possession of 1 170 grams of Chars.
3. Arguments heard. Record perused.
4. The petitioner is behind the bars since his arrest. As per FIR, 1170 grams of Chars was allegedly recovered from his possession and 170 grams exceeds the quantity of one kilogram. Apparently , a meagre quantity of Chars i.e. 170 grams has brought the case of petitioner within the ambit of Section 9(c) of CNSA, 1997, so it becomes a borderline case between sub-sections (b) and (c). In Saeed Ahmed v. State through P.G. Punjab and another (PLJ 2018 SC 812 ), in similar circumstances, the Hon ble Supreme Court held 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."
In a case reported as, Aya Khan and another v. The State (2020 SCMR 350), it was held that, no where it is stated that whether it was net or gross weight of the narcotics and in this eventuality it becomes a border line case between subsections (b) and (c) of section 9, C.N.S.A., 1997".
5. In view of the above, the petitioner committed an offence under section 9(c) of CNSA, 1997, to what extent, is to be seen by the learned trial Court after recording the evidence. The petitioner is not required for further investigation. Finding it a case of further inquiry within the ambit of Section 51(2) of CNSA, this petition is accepted? and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the learned trial Court.