1. Learned counsel for the applicant submits that a basic legal defect in the entire proceedings before the trial Court is that the provisions of section 21 of the Control of Narcotic Substances Act were not followed inasmuch as the F.I.R was lodged by A.S.I. Muhammad Ilyaz Oddho of Police Station Dhamrah whereas an officer not below the rank of S.I.P. Of the police or equivalent has been authorised by the said section to detain and search any person whom he has reason to believe has committed an offence punishable under the Act. Learned counsel submits that the learned trial Court has not applied its mind at all to this aspect of the matter while passing the impugned order, although in the bail application such ground was urged. In support of this contention has relied upon on the cases of Khalid Nawaz v. The State (1998 PCr.LJ 2008, Khan v. The State (2000 PCr.LJ 1225), Muhammad Akram v. The State 1999 YLR 1613. And Ghulam All v. The State (1996 PCr.LJ 608).
2. ' Mr. Gul Hassan Solangi, learned counsel for the State does not oppose this application on the ground urged by the learned counsel and has also further submitted that the provisions of section 22 were not following at all by the concerned officer.
3. We have heard learned counsel as well as learned State counsel. In our view as a basic legal defect has been pointed out by the learned counsel in the F.I.R. Lodged by the complainant, we, therefore, grant bail to applicant. I Mumtaz All Junejo provided he submits surety in the sum of Rs, 2 lakhs and P.R. Bond in the like amount to the 'satisfaction of Additional Registrar of this Court.
4. ' The bail application stands disposed