2020 PLP 59 (MLD)

ABDUL HAMEED BALOCH, J.

The applicant Rizwan seeks bail in FIR No.158 of 2019 registered with Police Station Hub City, under Section 9-C of the Control of Narcotic Substances Act, 1997 ("the Act"). Earlier the application filed for the same relief before the learned Special Judge Control of Narcotic Substances, Lasbella at Hub was dismissed vide order dated 31.07.2019. Hence this application.

2. Brief facts of the case are that at the stated date, time and place, the police personnel of the police station Hub city were on usual patrolling, when the applicant was apprehended on suspicion, whereby from his possession 1300 grams Charas and 300 grams Crystal were recovered.

3. We have heard the learned counsel for the applicant and learned APG and have gone through the record with their able assistance. Admittedly the alleged recovered contraband was 1300 grams Charas and 300 grams Crystal, and it is a border line case between Clause b and c of Section 9 of the CNS Act. As the quantity of the alleged recovered Charas marginally exceeded the limit of 1000 grams, under such circumstances whether the maximum punishment would be awarded or not, the same would be determined at the trial. By now the principles of granting of bail in such like cases are well settled. In the case of Naimatullah v. State (2017 MLD 1097) this court has elucidated the principles for considering the grant of bail keeping in view the guidance of Hon' able Supreme Court and maintained as under: "It has been consistent view of the superior courts that in cases where recovery of narcotics substance does not exceed the limit between 900 to 1500 grams, the case being of borderline between clauses (b) and (c) of Section 9 of CNS, Act, 1997, therefore, invariably in all cases applicants have been admitted to bail."

4. Even it is by now well settled that where two quantum of sentences are provided in the statute, for the purpose of bail, the lesser shall be considered, therefore in the instant case the question of quantum of sentence would also fall within the purview of further inquiry.

5. The applicant has been shifted to judicial custody and the witnesses cited in the calendar are police personnel, therefore the applicant is neither required for further investigation nor there is any apprehension of tampering with the prosecution evidence.

6. Even otherwise the medical certificates/tests annexed with the application shows that the applicant is a cancer patient therefore keeping him behind the bars might be dangerous for his life without proper treatment. For the above stated reasons the applicant/accused has successfully made out a case calling for further inquiry as envisaged under Section 497(2), Cr.P.C. Resultantly vide short order dated 07.08.2019 this application was accepted and the applicant Rizwan son of Haji Muhammad was granted bail in FIR No.185 of 2019 Police Station Hub City under section 9-c of CNS Act, 1997, subject to furnishing surety in the sum of Rs.100,000/- (rupees One hundred thousand only) and PR bond of the like amount to the satisfaction of the trial Court or Additional Registrar of this court. The above discussion shall constitute the reasons to the earlier order announced in open court. Needless to observe that the observations made in this order are tentative in nature and same shall not affect the merits of the case at the trial. SA/84/Bal. Bail granted.