2010 PLP 8 (MLD)

ABDUL RASHEED KALWAR, J.

Applicant Younis alias Jhoono has been apprehended by the police party headed by SIP/S.H.O. Habibur Rehman Lashari of Police Station Sakrand and he has been booked under section 9-B C.N.S. Act at police station vide F.I.R. No.94 of 2007 having been lodged on 9-6-2007 at 2300 hours whereas the incident had taken place on the same date at 2200 hours in the common street of Mehran Colony Jamshoro. The police party comprising of the complainant and his subordinate staff left Police Station at 1800 hours vide Entry No.24 on a government mobile for patrolling in the area. On Nawabshah Road at Nawabshah turn they received spy information about the applicant that he was selling charas at the pointed place whereupon the police party proceeded and apprehended him. From the possession of applicant 10 pieces of charas were recovered as he had concealed the same in a plastic bag kept in the right fold of his shalwar. The charas was weighed, it was 1000 grams. Out of which one piece of 100 grams was taken out and sealed for chemical examiner. Remaining charas was separately sealed. Accused/Applicant and case property was brought to police station where F.I.R. was lodged. Besides charas it has been mentioned in the F.I.R. that Rs.230 were also recovered from the applicant. Learned Advocate for the applicant has stated that case under section 9-B is not falling under prohibitory clause of section 497, Cr.P.C. He further states that applicant is behind bars since one year and 5 months and till date even charge has not been framed. Accused has been falsely implicated by the police due to instigation of applicant's relatives as they are at daggers drawn with- the applicant on a matrimonial dispute. Learned State Counsel states that it is not necessary to grant bail in every case which does not fall within prohibitory clause of section 497, Cr.P.C. Nothing has been brought on record to establish the enmity between the applicant and the police. Heard learned Advocate for applicant and learned State Counsel and perused the record. The applicant was apprehended with 10 pieces charas total 1000 grams, whereas only one piece of 100 grams was sent for chemical examination. It is yet to be seen as to whether the remaining 9 pieces of charas weighing 900 grams was charas or not. No doubt 100 grams of charas brings the case of applicant within the definition of section 9-B C.N.S. Act but it is simply a friction of weight above the limits keeping the offence within the ambit of section 9-A, CNS Act which is punishable with 2 years imprisonment and fine. When the offence does not fall within prohibition contained under section 497, Cr.P.C. then the grant of bail is a rule and refusal is exception. No exceptional circumstance disentitling the applicant for grant of bail has been pointed out. Under the circumstances, I grant him bail on furnishing solvent surety in the sum of Rs.50,000 and PR bond in the like amount to the satisfaction of trial Court. H.B.T./Y-10/K Bail granted.