FIAZ AHMAD ANJUM JANDRAN, J. Through the instant petition under Section 497 Cr.P.C, petitioner (Shakeel Masih) seeks post-arrest bail in F.I.R No. 177, dated 17.02.2021, registered under Section 9-C of the Control of Narcotics Substances Act, 1997, at Police Station Industrial Area, Islamabad.
2. Briefly , the allegations set-forth in the F.I.R are that on 17.02.2021, at about 06:25 p.m, on the basis of spy information, police party apprehended the petitioner from the area of Katchi Abadi, Christian Colony , Sector I-9/1, Islamabad having polythene bag containing 1500 grams Charas.
3. Learned counsel for the petitioner contends that the case of the petitioner falls within the parameters of borderline criteria; that there is delay in sending sample parcel for chemical analysis, therefore, petitioner is entitled to the concession of bail.
4. Conversely , learned State Counsel contends that petitioner was caught red hand ed by the police while he was in possession of 1500 grams charas; that petitioner is habitual offender , therefore, not entitled to the concession of bail.
5. Arguments heard, record perused.
6. Record reveals that allegedly 1500 grams charas was recovered from the possession of petitioner . The quantity 1500 gram is on marginal side of borderline criteria.
7. In such like cases, the Hon'ble Supreme Court of Pakistan granted bail on the basis of borderline and in this respect reliance is placed on 2020 SCMR 350 (Aya Khan and another v. The State) , judgment reported as PLJ 2018 SC 812 (Saeed Ahmed v. The state etc), wherein 1350 grams substance recovered marginally exceeds 1 K.G. and benefit of bail was extended to the accused and judgment reported as 2017 MLD 1097 (Naimatullah and another v. The State) , wherein it was held that in cases where recovery of narcotic substance does not exceed the limit between 900 to 1500 grams the case being of borderline between clauses (b) and (c) of CNS Act, 1997.
8. Perusal of record reveals that 1500 grams charas was recovered from the petitioner/ accused on 17.02.2021 and sample separated from it for chemical analysis was sent to the N.I.H on 24.02.2021 after the delay of 07 days, for which no plausible explanation has been advanced. Though respondent was duty bound to transmit the sample parcel within 72 hours of its separation. In this regard guidance is sought from "Muhammad Shafiq V. the State"
(2016 P.Cr.L.J. 1315) , in which it has held that "lapse on the part of the police in sending the contraband substance for chemical analysis within the stipulated period has made the case of the accused that of further inquiry ."
9. The investigation to the extent of petitioner has already been completed and he is no more required for further probe. In such a situation, further incarceration of the petitioner would serve no useful purpose and the bail cannot be withheld as a punishment. In this respect reliance is placed upon "Manzoor and 4 others v. The State" (PLD 1972 SC 81 ) wherein the Hon'ble Apex Court held that:- "It is important to remember that bail is not to be withheld as a punishment. There is no legal or moral compulsion to keep people in jail merely on the allegation that they have committed offences punishable with death or transportation, unless reason able grounds appear to exist to disclose their complicity . The ultimate conviction and incarceration of a guilty person can repair the wrong caused by a mistaken relief of interim bail granted to him, but no satisfactory reparation can be offered to an innocent man for his unjustified incarceration at any stage of the case albeit his acquittal in the long run."
10. Mere involvement in other cases of like nature without conviction does not disentitle the petitioner from the concession of bail, if the case otherwise call for further inquiry . Reliance is placed upon "(Arsalan Masih and others v, The State and others" (2019 SCMR 1152) and "Jibran Rasheed v, Siraj ul Haq and another" 2019 YLR 2891 (Peshawar)."
11. Consequently , for what has been discussed above, the instant bail petition is allowed, petitioner (Shakeel Masih) is admitted to post-arrest bail subject to furnishing bail bonds in the sum of Rs.100,000/- (Rupees one Lakh) with one surety in the like amount to the satisfaction of the learned Trial Court.
12. Needless to mention that this is tentative assessment for the purpose of this petition only, which shall not affect/influence trial of this case in any manner .