MUHAMMAD ARIF Versus State

ORDER

ALI NAWAZ CHOWHAN, J.- The matter pertains to case F.I.R. No.212, dated 5-4-2003 registered at Police Station Nawan Kot, Lahore, under sectiorts 6/9 of Control of Narcotic Substances Act, 1997 <https://www.eastlaw.pk/Statutes/Control-of-Narcotic-Substances-Act,-1997.MTk5OA==>.

2. The petitioner is incarcerated ever since the lodging of the F.I.R. 5-4-2003. He was found in possession of 35 Kgs. Poppy straws which are called

3. The bail is being urged on several grounds; one of which is that the A.S.-I. Who conducted the raid, recovered goods and conducted the investigation, was totally unauthorized because of section 21 of Control of Narcotic Substances Act, 1997 and, as such, the case itself will not be maintainable in law; the second ground is that the actual contents of opium were never measured nor could those be measured, even if opium is recovered from one poppy shell, it will be of a very little penalty and from 35 Kgs. Of the straws of the poppy shells only about 25 grams opium would be recovereable; the third ground is that people in our village areas usually take the straw of poppy for medication purposes and which is available with the Quacks (Hakeems) and that no mens rea is attached nor the petitioner is a peddler.

4. These grounds have made this case one of further inquiry with respect to its maintainability, etc. We, therefore, while relying respectfully on the cases Khalid Nawaz V. The State (1999 PCr.LJ 391) and Nasrullah v. The State (PLD 2001 Pesh. 152) allow bail to the petitioner in the sum of Rs.50,000, with two respectable sureties in the like amount to the satisfaction of trial Court.

H.B.T./M-622/L Bail granted.