2013 PLP 2009 (YLR)

This is the 2nd post-arrest bail petition on behalf of the petitioner before this Court. Earlier petition i.e. Criminal Miscellaneous No.1212-B of 2013 was dismissed having been withdrawn on 13-2-2013.

2. Through this petition, petitioner Abdul Majeed alias Mithu seeks post-arrest hail in case F.I.R. No.260/2009 dated 4-6-2009, offence under section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Saddar Muridkey District Sheikhupura. Allegation against the petitioner is that he along with his co-accused namely Waheed alias Chhatu was coming on motorcycle with a sack of charas and on seeing the police party they accelerated the motorcycle; they were chased by the police, but both of them made good their escape while throwing the sack of charas weighing 50 kilograms.

3. Learned counsel for the petitioner contends that the petitioner has falsely been involved in this case by the police with mala fide intention just to harass and humiliate him; that nothing was recovered from the possession of the petitioner and the alleged recovery is planted one; that there is no evidence whatsoever collected by the Investigating Officer even after the arrest of the petitioner that he is connected with the allegedly thrown sack of charas; that there is no legal evidence available against the petitioner as no identification parade was held in this case during the whole investigation; that petitioner is behind the bars since 24-11-2012 and no more required for further investigation; that case against the petitioner is one of further inquiry.

4. On the other hand, learned Deputy Prosecutor-General opposing this petition contends that a huge quantity of charas weighing 50 kilograms was recovered from the sack thrown by the petitioner; that the offence committed by the petitioner comes within the prohibition of section 51(2) of C.N.S.A., 1997, therefore, he is not entitled for the bail.

5. Heard. Record perused.

6. Be that as it may, the allegation against the petitioner is that on chasing the police party he threw the sack of contraband charas weighing 50 kilograms and fled away from the scene of occurrence. Learned Law Officer, after consulting the record, states that no identification parade was conducted in this case and that vide Zimni No.29 dated 21-12-2010 Muhammad Anwar, S.I/I.O has opined that the charas was found unattended and there was no police official who saw the petitioner and his co-accused while throwing the sack of charas. Petitioner is behind the bars since 24-12-2012 and is no more required for the purpose of investigation.

7. In view of the above, case against the petitioner is one of further inquiry into his guilt as contemplated under sub-section (2) of section 497, Cr.P.C., therefore, we accept this petition and admit the petitioner to bail subject to his furnishing bail bonds in the sum of Rs.200,000 (Rupees two hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.

8. It is, therefore, clarified that the observations made herein above are just tentative in nature and strictly confined to the disposal of this bail petition. MWA/A-50/L Bail granted.