Through captioned criminal bail application, applicant Mansoor Ahmed S/o Abdul Rasheed Dahar , seeks his admission to post-arrest. bail in Crime No. 218/2020, registered at Police Station Daharki, under Section 9(c) of Control of Narcotic Substances Act, 1997. Prior to filing of present bail application, the applicant/accused had approached the learned trial Court with the same plea, which had been declined by the learned I-Additional Sessions Judge/MCTC, Ghotki, vide order dated 27.10.2020.
2. It is alleged that the applicant has been apprehended by the police party of police Station Daharki headed by ASI Ghulam Shabbir Gabol and secured 1030 grams Charas from his possession in presence of police officials/witnesses and brought him along with recovered contraband material to police station and registered present FIR.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case; that it is case of border line between Section 9(b) and 9(c) of CNS Act, 1997; that the applicant is in custody and no more required for further investigation; that case has been challaned.
4. Conversely , learned DPG for the State has contended that it is a case of border line between Section 9(b) and 9(c) of CNS Act, 1997, as such he conceded for grant of bail.
5. Admittedly applicant was apprehended by the police and allegedly secured 1030 grams Charas from his possession which marginally exceeded upper limit of Section 9(b) of CNS. Act and it is case of border line between clauses (b) and (c) of Section 9 of Control of Narcotic Substances Act, 1997. In this regard I am of fortified by the case law reported as Riasat Ali v. The State (2005 YLR1862), Sheeren Muhammad v. The State (2006 P.Cr.L.J 726), Mehboob Ali v. the State (2007 YLR 2968 ), Ghulam Hussain v. The State (2009 YLR 89) and Ayaz Ali v.
The State (2011 P.Cr.LJ 177). All the witnesses of the incident are police officials and none from the public has been cited as witness despite prior information of the incident; that offence with Which the accused is charged does not fall within the ambit of prohibitory of clause of Section 497, Cr.P.C.; that the applicant is in custody and is no more required for further investigation.
6. For the foregoing reasons, I am of the considered opinion that the applicant/acc used has successfully made out his case for grant of post-arrest bail. Therefore, instant criminal bail application is allowed and applicant/accused Mansoor Ahmed s/o Abdul Rasheed Dahar , is ordered to be released on bail subje ct to furnishing solvent surety in the sum of Rs. 50,000/- (rupees fifty thousand) and P .R bond in the like amount to the satisfaction of the trial Court.
7. The observations made herein above are tentative in nature only for the purpose of deciding the present bail application, which shall not in any manner influence the trial Court at the time of final decision of subject case.