2020 PLP 20 (YLRN)

SADIQ MAHMUD KHURRAM, J.

Through the instant petition under section 497, Cr.P.C., the petitioner, namely Liaqat Ali alias Liaqi is seeking post-arrest bail in the case FIR No.643 of 2018 dated 12.12.2018 registered at Police Station Shah Shamas, District Multan in respect of an offence under section 9(c) of the Control of Narcotic Substances Act, 1997.

2. As .per record, the allegation against the petitioner is that on 12.12.2018 he was apprehended by the police and 1230 grams of "Charas" was allegedly recovered from his possession.

3. Arguments heard. Record perused.

4. The weight of the allegedly recovered narcotics is slightly higher than the maximum weight mentioned in Section 9(b) of the Control of Narcotic Substances Act, 1997. Obviously a meagre quantity of narcotics substance i.e. 230. grams has brought the case of the present petitioner within the mischief of section 9(c) of the Control of Narcotic Substances Act, 1997. It has been mentioned in the FIR that the above mentioned "Charas" was wrapped in a bag at the time of alleged recovery. It is not clear from the contents of the FIR, as to whether the "Charas" was taken out of -the bag or the same was weighed along with it when the same was being weighed by the complainant. It will be determined, after recording of the evidence, that what was the net weight of the allegedly recovered "Charas" and as to whether the case of the petitioner falls under section 9(b) of the Control of Narcotic Substances Act, 1997 or it comes under the ambit of section 9(c) of the Control of Narcotic Substances Act, 1997. Reliance is placed on the case of Ateeb Ur Rehman alias Atti Mochi v. The State and others (2016 SCMR 1424) wherein the august Supreme Court of Pakistan has held as under:-- "After hearing the learned counsel for the petitioner, learned Additional Prosecutor General Punjab and perusing the material available on record, we have noticed that when the petitioner was apprehended, 1014 grams of heroin was allegedly recovered from a shopper bag which he was carrying in his right hand. On Court query, the learned Additional Prosecutor General, after going through the recovery memo. available on the file of police record, could not show that the recovered heroin was weighed along with the polythene bag or otherwise. If the recovered heroin was weighed along with the polythene bag, prima facie, the weight of the heroin without the polythene bag, if weighed, might have come to 1000 grams or less than that and in that eventuality, the case of the present petitioner would have fallen within the ambit of section 9(b) of the Control of Narcotic Substances Act, 1997. In this backdrop, the case of the petitioner becomes one of further enquiry falling within the purview of section 497(2) of the Code of Criminal Procedure." Reliance is also placed on the case of "Saeed Ahmed v. State through P.G. Punjab and another" (PLJ 2018 SC 812) wherein it has been held as under:-- "The record reveals that the petitioner has been found in possession of 1350 grams of charas. Since the substance recovered marginally exceeds I kg. we doubt petitioner could be awarded maximum sentence provided by the statute. The fact that he has been in jail for more than seven months and his trial is not likely to be concluded in the near future would also tilt in favour of grant of bail rather than refusal". The learned Deputy District Public Prosecutor states that the petitioners are not involved in any other case of the same nature.

5. For the foregoing reasons, the petition in hand is accepted and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs.200,000/- (Rupees two hundred Thousand Only) with two sureties in the like amount to the satisfaction of learned trial Court.

6. Needless to mention that any observations made in the above order are tentative in nature and shall not influence the trial court. SA/L-11/L Bail granted.