2009 P Cr (PLP)

AMER RAZA NAQVI, J.

Applicant has sought bail in Crime No.24 of 2009 Police Station Ghotki registered under section 9(c), C.N.S. Act. According to the contents of F.I.R. 1300 grams of Charas was recovered from the possession of the applicant and according to allegations he was selling the Charas at Shaheed Baba Graveyard. The Charas was recovered in two pieces out of it 200 grams were separated and such sample was sent for chemical examination. The learned counsel for the applicant states that F.I.R. has been registered due to enmity with the police because of political reasons. He stated that the same complainant has registered another F.I.R. against the father of the complainant in a case of alleged abduction in, which no aggrieved person has come forward to lodge the F.I.R. he has also pointed out that the cousin of the applicant namely Ghulam has moved an application before the Sessions Judge under section 22-A(6)(i), Cr.P.C. in which it has specifically been alleged that applicant has been abducted by the police. On merits of the case learned counsel submitted that allegedly two pieces of Charas was recovered from the possession of the applicant but it is not mentioned that whether or not 200 grams of Charas was taken from both the pieces. He has submitted that in cases where sample is not taken from each packet. Superior Courts have granted bail to the accused persons. He has relied upon 2007 MLD 1092 (Karachi) and 2008 MLD 608 (Karachi). In both these cases relying on various authorities of Honourable Supreme Court it has been held that in cases where sample has not been taken from each packet accused is entitled to the grant of bail as the law under which the F.I.R. has been registered is such that change in the quantum of substance effects very seriously the life of human being, and slight increase in the quantum could enhance the punishment exorbitantly. On the other hand learned Assistant Advocate-General has stated that huge quantity of Charas has been recovered from the possession of the accused and the chemical report is positive, therefore, applicant not entitled for grant of bail. I have heard both the learned counsel and perused the record with their help. It is an admitted position that prosecution has not clarified that whether the sample has been taken from each pieces of the packet and in the F.I.R. it is not even mentioned that what is the weight of each piece which has been recovered from the possession of the accused and what is the exact quantity taken from each piece. According to allegation accused was selling the narcotics at a Dargah but despite lapse of time waiting for the independent witnesses no one could be found by the police to act as Mashirs in the matter. In view of such situation and in view of the facts and circumstances of the case false implication of the applicant in the offence alleged cannot be ruled out and as such in my humble view applicant has made out a case for grant of concession of bail, as such bail is granted to him in the sum of Rs.3,00,000 and P.R. Bond in the like amount to the satisfaction of the trial Court. H.B.T./Q-3/K Bail granted.