2006 PLP 2972 (YLR)

Muhammad Aslam, the petitioner through the instant petition seeks post-arrest bail in case F.I.R. No.170, dated 10-9-2005, under section 9(b) of the Control of Narcotic Substances Act, 1997, registered at Police Station Fareed Nagar, District Pakpattan Sharif.

2. According to the prosecution allegations stipulated in the F.I.R., on 10-9-2005 at about 9-50 p.m., Maqbool Hussain, A.S.-I. along with other police officials while on patrol duty had received a secret information that the petitioner was dealing in narcotic substance and he raided him and found on his person 950 grams of Charas, which was wrapped in a shopper, out of the said contents, ten grams were made into a sample sealed parcel and sent to the Chemical Examiner, whose report confirmed the contents that of narcotic substance.

3. It is pleaded on behalf of the petitioner that this case has been falsely planted by Maqbool Hussain, A.S.-I., who had not only registered the case and prepared the recovery memo., but also conducted the entire investigation and recorded statements of the prosecution witnesses under section 161, Cr.P.C. as well in violation of the provisions of section 21 of the Control of Narcotic Substances Act, 1997; that the petitioner suffers from night blindness, which fact has been confirmed by his medical examination and the entire prosecution allegation that the petitioner at night time was carrying narcotic substance in a shopper bag stands belied by the medical evidence.

4. Admittedly, this case has been registered on the report of Maqbool Hussain, A.S.-I. He had prepared the recovery memo., which is the main investigational instrument and then also recorded statements of all the prosecution witnesses under section 161, Cr. P. C. Thus the entire investigation from registration of the case onwards has been conducted by the complainant himself, who is an A.S.-I., in violation of the provisions of section 21 (ibid). The petitioner has brought on the file a report of the Medical Officer, who had examined him on the- direction of the Judicial Magistrate, Pakpattan Sharif and had found that he is suffering from night blindness and his vision during the day time is also weak. The petitioner was also examined by the Consultant Eye Surgeon of the District Headquarters Hospital, Sahiwal and was adjudged to be a patient of Retinitis Pigmentosa for the last several years, which is getting more advance with the passage of time and the said ailment is the source of his very weak vision. In these circumstances, the prosecution case that the petitioner was carrying narcotic substances during the night-time becomes a matter of further inquiry. Therefore, the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.25,000 (Rupees twenty five thousand) with one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./M-476/L????????????????????????????????????????????????????????????????????????????????? Bail granted.