1. SHAHNAWAZ AWAN, J.---At the first instance, Mr. Ansari, the learned Assistant Advocate-General states that the person who has arrested the applicant/accused is A.S.I.P. But according to section 19 of the Control of Narcotic Substances Ordinance, 1995, the person who is not below the rank of S.I.P. Is not authorised to arrest an accused.
2. So far as the facts contained in the F.I.R. Are that the applicant/accused was found in possession of 40 packets of Bhang about 1225 grams. In this matter Article 3 is applied though this Article 3 is not attracted as there are no, allegations against the applicant/accused that he was found selling the Bhung. The only allegation, against the applicant/accused is that he was in possession of 40 packets of Bhung. As such at the most Article 4 of the Prohibition of Hadd Order will be applicable for which punishment prescribed is two years which does not fall under the prohibitory clause of section 497, Cr.P.C.
3. In the circumstances, since Mr. Ansari the learned Assistant Advocate-- General states no objection the applicant/accused is admitted to bail, subject to his furnishing a solvent surety in the sum of Rs.20,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.