MUHAMMAD AAMIR NAWAZ RANA, J. Through this application, the applicant Ghulam Qadir son of Ali Muhammad has applied for post-arrest bail in the case FIR No..52/2022 under section 9(c) of the Control of Narcotic Substances Act, 1997 (hereinafter "CNS Act") lodged at Police Station Saddar Uthal District Lasbela on 13.06.2022 by the complainant SI/SHO Muhammad Amin Sasoli of Police Station Saddar Uthal.
2. The perusal of aforesaid FIR reveals that on spy information, to the effect that the applicant, being involved in business of selling narcotic substance was arrested and on his personal search cannabis (Charas) was recovered; on weighing, the same was found 1130 grams.
3. The applicant had applied for bail after arrest before the trial Court i.e. Special Judge CNS/Additional Sessions Judge, Uthal which had been rejected vide order dated 23.06.2022.
4. Learned counsel for the applicant vehemently contended that the applicant has falsely been involved in the instant case; that there is no previous criminal record of the applicant regarding any criminal activity. Apart from that learned counsel. stated that since investigation has been completed and the applicant has been shifted to Central Jail Gaddani and is not required for further investigation, therefore the applicant is entitled for concession of grant of bail.
5. On contrary, learned State counsel strongly opposed the bail application and submitted that since the applicant has been caught red-handed on spot having exclusive possession of narcotic substance (Charas), therefore the applicant is not entitled for concession of grant of bail.
Heard the learned counsel for the applicant as well as learned State counsel and perused the available record.
6. As per contents of FIR, allegedly the applicant was arrested from Abdullah Stop Utahl and narcotics (Charas) weighing 1130 grams was recovered from him but surprisingly, no parcel was prepared at the spot and the FIR is also silent about the fact that whether any sample was obtained from the alleged recovered narcotics (Charas), or not?
The said omission on the part of the complainant creates doubt upon the prosecution story, event at bail stage, if any doubt is observed; the benefit whereof should be given to the accused.
In the above regard, while dealing with the question of benefit of doubt at bail stage, the Hon'ble Supreme Court of Pakistan in the case titled as "Ihtisham Ali Cheema v. The State[1] (1)" has held as under: "......... It is established principle of law that the benefit of doubt can even be extended at bail stage.......... ".
7. Considering the contents of FIR, in which no proceedings regarding preparation of parcel or obtaining samples are mentioned, without further dilating upon the merits of the case, we are of the considered view that the case of further inquiry under section 497(2), Cr.P.C. has been made out in favour of the applicant.
In view of the above factual and legal position, the applicant Ghulam Qadir son of Ali Muhammad is admitted to post-arrest bail in case FIR No.52/2022 under section 9(c) of CNS Act lodged with Police Station Saddar Uthal District Lasbela subject to furnishing surety in the sum of Rs.200,000/- (Rupees two hundred thousand only) with P.R bond of the like amount to the satisfaction of Additional Registrar of this Court.
The observations made herein-above are tentative in nature and same shall not influence merits of the case pending before trial Court in any manner.