2006 P Cr (PLP)

RAHMAT HUSSAIN JAFFERI, J.

Brief facts giving rise to the present application are that on 28-11-2004 S.I.P. Allan Khan Abbasi of Police Station Khairpur Nathan Shah received information that some persons were selling Charas at link road near Chandki Mori. On the said information, the complainant along with his subordinate staff reached there at about 8-40 a.m. where they saw a motorcycle coming on which two persons were sitting. On seeing the police party, the persons sitting on the motorcycle tried to escape but they were apprehended and on inquiries one of them disclosed his name as Abdul Latif, the present applicant and another person disclosed his name as Inayatullah. From the search of the applicant a small piece of Charas and from the possession of Inayatullah a big piece of Charas were secured. From the search of motorcycle a big piece of Charas was also secured from, its compartment. The applicant disclosed that he was the owner of the motorcycle but he had no registration papers. However, the Investigating Officer got the Charas weighed through H.C. Kaleemullah. Weight of the Charas recovered from co-accused Inayatullah was 1020 grams whereas Charas recovered from the possession of applicant and from the compartment of motorcycle came to be 490 grams. Ten grams from each quantity were separated for sending them to Chemical Analyzer for examination and report. Police after usual investigation challaned the applicant and co-accused in the Court of law. The applicant moved the trial Court for bail but the same was dismissed hence the present application. We have heard the Advocate for the applicant and State counsel. Learned State counsel has no objection to the grant of bail. We have examined the record' and find that the police did not show as to how much quantity of Charas was secured from the personal search of applicant. The total weight of the Charas which was secured from the possession of the applicant and compartment of the motorcycle was 490 grams. It is yet to be determined as to whether applicant is the owner of the motorcycle as no registration papers of motorcycle have so far been produced. The police has also not obtained any information from the Registration authorities about the ownership of the motorcycle. It is alleged in the F.I.R. that a small piece of Charas was recovered from the possession of the applicant but no exact weight of said quantity has been mentioned by the prosecution. As such it is yet, to be determined as to how much quantity of Charas was secured from the possession of the applicant. Furthermore learned State counsel has no objection to the grant of bail. Under these circumstances we find that the applicant is entitled to the concession of bail, therefore, bail is granted to the applicant in the sum of Rs.50,000 on furnishing solvent security with P.R. bond in the like amount to the satisfaction of trial Court. The application is allowed. H.B.T./A-275/L?????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.