' The petitioner through the present petition has sought post-arrest bail in a case registered vide F.I.R. No,33, dated 16-7-1995 under section 9-C of Control of Narcotic Substances Ordinance, 1995 at Police Station Anti-Narcotics Force, Rawalpindi.
2. The learned counsel for the petitioner vehemently argued for bail by emphasising that the petitioner has falsely and maliciously been implicated in the instant case on the basis of wholly false and fabricated version which is apparent from the bare reading of the F.I.R. In this respect, it was pointed out that no independent witness was associated with the alleged recovery of 130 grams of heroin which, therefore, raised very serious doubts about the bona fide of the said recovery. On the other hand, the learned counsel for the State opposed the said contention by stating that the complainant had no enmity with the petitioner to falsely involve him in the instant case.
3. However, a further perusal of the F.I.R. Reveals the fact that only 12 grams of heroin out of the alleged recovery of 130 grains sent to the Chemical Examiner for his report and that even a positive report in that respect shall not take the case of the petitioner out of the ambit of subsection (b) of section 9 of the Control of Narcotics Substances Ordinance, 1995 under which the punishment for possessing more than 10 grams of any narcotic drug psychotropic substance or controlled substance may extend to seven years but shall not be less than three years and shall also be liable to fine and as such, the case of the petitioner is not hit by prohibitory clause. It was also confirmed on behalf of the State that the petitioner is neither previous convict nor a hardened criminal and is no longer required by the police and that the petitioner is in judicial custody for almost one year and six months.
4. Therefore, the petitioner is hereby allowed bail in the sum of Rs,50,000 with two sureties each, in the like amount, to the satisfaction of the learned trial Court.