1. ' MUHAMMAD ROSHAN ESSANI, J.---The facts leading to the present application for bail are that applicant is facing trial before the learned Special Judge, Control of Narcotic Substances, Badin under section 9 of the Control of Narcotic Substances Act, 1997. It arose out of F.I.R. No, 82 of 1999 of Police Station Talhar, District Badin.
2. ' The brief facts of the prosecution case as disclosed in the F.I.R. Lodged by S.H.O. Ghulam Hussain Kirio at Police Station Talhar on 16-11-1999 are that he was on patrol duty in Talhar Town when he arrested the applicant under section 55, Cr.P.C. From Ward No,
1. Talhar Town. On his personal search 'Bhang' (hemp) weighing 500 grams was recovered in presence of Mashirs Ahmed alias Amar and A.S.-I. Azizullah under Mashirnama. After usual investigation, the applicant was sent up, to stand trial.
3. ' The applicant applied for bail before the trial Court but it was declined by impugned order, dated 16-12-1999.
4. ' We have heard Mr. Ghalib Hussain Ali Mir, learned counsel for the applicant and Mr. Mukhtar Ahmed Khanzada, learned counsel for the State. The latter conceded to the grant of bail.
5. The perusal of record shows that 500 grams of 'Bhang' (hemp) was recovered from the possession of applicant. The substance recovered has been specifically mentioned as Narcotics Substance in the Prohibition (Enforcement of Hadd) Order, 1979 whereas the same has not been specifically mentioned as such in the Anti-Narcotics Act, 1997. The applicant is no more required for the purpose of investigation. The impugned order shows that the case has not yet commenced before the trial Court. The offence alleged is not 'punishable with death, imprisonment for life or 10 years.
6. Keeping in view the D.B. Decision of this Court in case of Husn Din and another v. The State reported in PLD 1998 Karachi 187 and the dicta of Hon'ble Supreme Court laid down in the case of Tariq Bashir and others v. The State PLD 1995 SC 34, we are of the considered view that the applicant is entitled to bail.
7. Consequently, the applicant is granted bail on his furnishing security in the sum of Rs,25,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.
8. ' By our short order, dated 9-2-2000 bail was granted to the applicant and above are the detailed reasons for the same.