GHULAM ABBAS Versus State

ORDER

1. NISAR MUHAMMAD SHAIKH, J.--- The applicant Ghulam Abbas has applied for grant of bail after his earlier bail application was dismissed vide order dated 20-2-2010 passed by the trial Court in connection with Crime No.73 of 2009 of Police Station Mahi Makol, under section 9(c), C.N.S. Act, 1997.

2. The applicant Ghulam Abbas was allegedly apprehended by the complainant party on the basis of spy information and 1100 grams Charas was recovered from the possession of the applicant in presence of two mashirs, namely, A.S.-I. Munawar Ali and PC Muhammad Soomar. Such F.I.R. was registered on 19-11-2009 by the complainant SIP Ghulam Hyder, S.H.O. of Police Station Mahi Makol.

3. It is argued by Mr. Nisar Ahmed G. Abro, learned counsel for the applicant, that despite receiving the alleged spy information, the complainant party failed to associate any private witness to attest the alleged recovery of charas and no purchaser of the Charas in question has been cited in the F.I.R. though the applicant was allegedly selling the charas, therefore, the case of prosecution needs further enquiry.

4. On the other hand, Mr. Mus'ab Baloeegh Dhamrah, learned State Counsel, opposed the above bail application.

5. I have considered the above submissions and also perused the relevant papers.

6. In addition to the above contentions raised by learned counsel for the applicant, it appears that the F.I.R. does not show as to how much pieces of the Charas were secured from applicant and how much pieces, out of recovered Charas, were sent for chemical examination. Moreover, the total quantity of alleged Charas being 1100 grams, marginally exceeds to the borderline, falling between the offence under sections 9(b) and 9(c) of C.N.S. Act, 1997.

7. In the circumstances, the applicant, who is in jail since after his arrest, is granted bail on furnishing a solvent surety in the sum of Rs.100,000 and P.R. bond in the like amount to the satisfaction of learned trial Court.

8. H.B.T./G-1/K Bail granted.