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PLJ 2022 Cr.C. 395

Muhammad Aslam vs State etc

CitationPLJ 2022 Cr.C. 395
CourtLahore High Court
Case No.Crl. Misc. No. 4982-B of 2021
Date2021-08-05
Judge(s)Anwaarul Haq Pannun
ResultBail allowed

ORDER

The petitioner Muhammad Aslam seeks his release on post arrest bail in case/FIR No. 471, dated 20.06.2021, registered at Police Station Saddar Jalalpur Pirwala, District Multan, for offence under Section 9(c) of The Control of Narcotic Substances Act, 1997 (hereinafter to be called as C.N.S.A, 1997).

2. Precisely the allegation against the petitioner is that on suspicion, he was apprehended and charas weighing 1280 grams was recovered from his possession.

3. Arguments heard. Record perused.

4. The narcotic substance (charas) allegedly recovered from the petitioner weighing 1280 grams is marginally above the upper limit of Section 9(b) of C.N.S.A, 1997. The petitioner in the light of law laid down in the case reported as "Saeed. Ahmad vs. State through P.G Punjab and another" (PLJ 2018 SC 812) has made out his case for his release on bail wherein the apex Court has observed 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 kg. we doubt petitioner could be awarded maxi mum sentence provided by the statute. The fact that he has been in jail for more than seven months and his trial is not likely to be concluded in the near future would also tilt in favour of grant of bail rather than refusal. "

5. The investigation is already complete and further incarceration of the petitioner is of no consequence to the prosecution's case Resultantly , subject to his furnishing bail bonds in the sum of Rs. 100,000/-(rupees one lac) with one surety in the like amount to the satisfaction of learned trial Court, the petitioner is admitted to post arrest bail and this petition stands allowed.

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