2012 PLP 1365 (YLR)

SHAHID ANWAR BAJWA, J.

F.I.R. No.194 of 2011 was recorded at Police Station., A-Section, Khairpur on 27-7-2011 at 6-30 p.m. for an incident alleged to have taken place an hour earlier. Complainant stated that while he along with a Police party was on patrolling duty, they saw one person going on road by foot and he was having a black colored plastic bag in his right hand. When he saw the Police, he tried to run away. Vehicle was stopped. Police party alighted and encircled the applicant and then apprehended him with the plastic bag. From the plastic bag, four pieces of Charas were recovered, which were found to weigh 1150 grams. Entire quantity was sealed at the spot and sent for Chemical Analysis. Learned counsel for the applicant contended that quantity is at margins of sections 9(b) and 9(c) and relied upon Gul Hassan Dero v. The State, 2000 PCr.LJ 657 and Sheerin Muhammad v. The State, 2006 PCr.LJ

726. Learned A.P.-G. vehemently opposed bail application. He submitted that entire quantity recovered has been sent for chemical examination. He submitted that narcotics is a menace, which is bedeviling the entire society and it is high time that a very strict view be taken. He relied upon Gul Said v. the State, 2002 PCr.LJ 1680 and Rana Waris Ali v. the State, 2006 PCr.LJ 1745. I have considered the submissions made by the learned counsel and have also gone through the record. In Gul Hassain Dero's case (supra) 1500 grams of Charas and 500 grams of Heroin were recovered but Chemical examiner's report stated that it was 1200 grams of Charas and 400 grams of Heroin. It was held that this discrepancy made it a case for further inquiry. Case is clearly distinguishable. In Sheerin Muhammad's case (supra) the quantity recovered was 1130 grams. A Single Judge of Peshawar High Court observed that it a border line case and allowed bail. In Gul Said's case (supra) what was recovered was 225 grams of Heroin. Along with Gul Said there were other persons also and from them various quantity ranging up to 10 Kgs. of Charas were recovered. A Single Judge of Peshawar High Court observed that huge quantity was recovered and, therefore, they were not entitled to bail. There is no discussion about quantity recovered from each accused person. In Rana Waris Ali's case (supra) it was observed by a Single Judge of Lahore High Court that though quantity recovered was one kilogram of Charas, it cannot be a ground for bail. In the present case, quantity recovered is 1100 grams. In the circumstances in which quantity is recovered must also be taken into consideration. A person was walking on the road. There is no evidence that he was either buying or selling and Police party reached him just by chance. Considering this fact with the fact that quantity recovered is a border line quantity, this bail application is allowed and the applicant is ordered to be admitted to bail subject to his executing P.R. bond in the sum of Rs.200,000 (Two hundred thousand) with one solvent surety in the like amount to the satisfaction of the trial Court. M.W.A./M-10/K Bail granted.