' ALI NAWAZ CHOWHAN, J.-Matter pertains to case F.I.R. No.180 dated 18-11-2003 registered under section 9-C of the Control of Narcotic Substances Act, 1997, at Police Station Rang Mahal, Lahore.
2. Through this writ petition, the petitioner is primarily asking for quashment of the F.I.R. On the ground simplicitor that the various investigations which were conducted showed that he was innocent and he has been involved in this case because of the mala fide of the S.H.O. That in fact he was a wayfarer and someone while going in a car had thrown the narcotics in a bag and on seeing thus, people assembled there and he too was there seeing the Tamasha when he was picked up by the police. At that time, he was having a huge amount, from which he was also deprived of. That the matter was reported to the higher echelons of the police and after thorough investigation the S.H.O. Who was his previous prosecutor was suspended from service and later having been departmentally held guilty was dismissed.
3. The final Zimni is recorded by the D.S.P. Of the Circle. According to him, the petitioner was innocent and had been falsely involved in this case. This in a way affirms what has been stated by the learned counsel for the petitioner before this Court.
4. When the police approached the learned Magistrate/trial Court for cancellation of the F.1.R. As no evidence had been collected against him, this was declined. Learned counsel for the petitioner also applied for his bail before the learned Sessions Judge at Lahore but this also ended in vain.
5. While arguing, the learned counsel for the petitioner took a bit of aberration from his basic prayer and prayed that the petitioner who is still in custody be released on bail and this writ petition may be converted into a bail application. There is no opposition coming from the other side in view of the peculiar ,circumstances of this case. Consequently, this writ petition is converted into a bail application and the petitioner is allowed bail subject to his furnishing bail bond ih the sum of Rs.50,000 with one respectable surety in the like amount to the satisfaction of the trial Court.
6. Regarding . The prayer for cancellation of the F.I.R., the matter has to be agitated before the learned Sessions Judge because the jurisdiction under the relevant law vested in him and not the Court of Magistrate.