MUHAMMAD YOUNIS Versus State M. Ajmal Aadal , Ch. Muhammad Akram Tahir

ORDER

The petitioner moved the present petition for grant of post-arrest bail in case FIR No.978/2015 dated 26.11.2015, offence under section 9(c) of the Control of Narcotic Substances Act, 1997 registered with Police Station Batala Colony, District Faisalabad.

2. Arguments heard and record perused.

3. As per contents of the FIR on 26.11.2015 at about 07.30 a.m., on the basis of spy information, the petitioner was apprehended by the police and 1370 grams of charas was allegedly recovered from his possession. 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 meager quantity of narcotic substance i.e. 370 grams has brought the case of the present petitioner within the mischief of section 9(c) of Control of Narcotic Substances Act 1997. It has been mentioned in the FIR that the above mentioned Charas was wrapped in a shopper at the time of alleged recovery. It is not clear from the contents of FIR, as to whether the 'Charas' was taken out of the said shopper or the same was weighed along with it, when the same was weighed by the complainant. It will be determined after recording of evidence that what was the net weight of allegedly recovered narcotic and as to whether the case of the petitioner falls under section 9(b) or it comes under the ambit of section 9(c) of the Control of Narcotic Substances Act, 1997. Although learned law officer has contended that the petitioner is also involved in four other cases of similar nature but mere involvement of the petitioner in some other criminal cases is not sufficient to refuse bail to him, if otherwise he is entitled to the said relief on merits. Reference in this respect may be made to the cases of Jamal-ud-Din alias Zubair Khan v. The State (2012 SCMR 573) and Muhammad Rafique v. The State (1997 SCMR 412). In the light of above, we accept this petition and admit the petitioner to bail after arrest subject to his furnishing bail bonds in the sum of Rs.2,00,000/- (Rupees two hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial court.

SL/M-147/L Bail allowed.