' RAJA AFRASIAB KHAN, J.---On 10-1-1998 at 6-00 p.m., a case under sections 6/9 of the Control of Narcotic Substances Act, 1997 was registered with Police Station Musa Khel, District Mianwali on the statement of Ramzan Shahid, Inspector/ S.H.O. Against the petitioner on recovery of 1200 grams of heroin one and a half kilogram of Charas. A recovery of Rs,200 was also made from him. The Lahore High Court vide its order dated 6-7-1999 has not allowed bail to the petitioner stating that there are reasonable grounds to connect the petitioner with the commission of the offence which falls within the prohibitory clause of section 497, Cr.P.C. This is a petition for leave to appeal against the said order.
2. Learned counsel submits that nothing incriminating has been recovered from the petitioner.
According to the learned counsel, the premises of the petitioners were raided by as many as 16 Police officials and despite that, he could not be arrested at the spot. This fact alone is sufficient to make the case of the prosecution doubtful. According to him, the petitioner was also found innocent by the Investigator. The challan against him has not yet been submitted and he is in jail for the last more than 18 months. Bail application has been opposed by the learned counsel for the State.
3. After hearing the learned counsel for the parties and perusing the record, we hold that this is a case of further inquiry, inasmuch as, nothing has been recovered from the petitioner. He is in jail and trial against him has not been commenced. This being so, the petitioner is admitted to bail in the sum of Rs,50,000 with two sureties each in the like amount to the satisfaction of the trial Court.
The petition is, accordingly, disposed of. These are the reasons in support of our short order dated 3-8-1999.