' The petitioner seeks bail in case F.I.R. No,370 of 1998, dated 16-6-1998 registered against him and another with Police Station Phoolnagar, District Kasur, for an offence under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 read with section 9/4/43/97 of the Control of Narcotic Substances Act, 1997.
2. The allegation against the petitioner is that on secret information police came to his house. He was found standing outside his house with another person. On seeing the police party, co-accused of the petitioner threw a shopping bag and ran away. The petitioner was apprehended at the spot.
From his personal search, two small bottles of liquor were recovered from the Dab of his Dhauti.
From the bag thrown by co-accused of the petitioner 40 grams heroin and 55 grams Charas were recovered. Police also recovered 400 small bottles of, liquor.
3. The learned counsel for the petitioner contends that the petitioner is in custody since 16-6-1998.
Investigation is complete and challan has since been submitted in Court. The petitioner is not required for the purposes of investigation any more. The learned counsel further contends that only recovery from the petitioner is of two small bottles of liquor. As far as 400 small bottles are concerned, those belong to the petitioner's son and he has nothing to do with them. Contentions vehemently opposed.
4. We have heard both sides and gone through the file. It has been more than six months since the petitioner was taken into custody but the trial has not been concluded till today. The petitioner was found in possession of two small bottles of liquor. It is not even in the evidence that they were meant for sale. The contention of the learned counsel that 400 small bottles of liquor recovered from his house belong to his son is a matter of further inquiry. Therefore, we accept the petition and allow bail to the petitioner provided he furnishes bail bonds in the sum of Rs,50,000 with two sureties each in the like amount to the satisfaction of the trial Court.