Pehlwan vs. The
State
08.11.0000.
Present: Learned counsel for the
petitioner.
Learned DDPP on behalf of State.
Investigating Officer along with record.
The instant petition for bail after arrest
has been filed in case FIR No.000/000 dated 22.10.0000 U/S 9-C of C.N.S.A. P.S. ABC,
XYZ wherein there is allegation that police recovered 1055-grams Charas from
his possession.
2. It is submitted that the
petitioner has been falsely implicated in the case by Abbas SI, who as per
provisions of section 21 of C.N.S.A. was not competent to make search and
arrest of the accused. That petitioner is behind the bars since 22.10.0000 and
he is no more required to the police for any further investigation. That case
is also at the border line of the offence of section 9-B & 9-C C.N.S.A,
hence petitioner may be allowed post arrest bail. In support of his arguments
learned counsel for the petitioner put reliance on the esteemed judgments
reported as PLD 2001 Peshawar 152 and PLJ 2013 Cr.C. (Peshawar) 625.
3. Learned Public Prosecutor opposed the bail
petition and prayed for its dismissal.
4. Arguments heard. Record perused.
5. Allegedly 1055-grams
Charas was recovered by Sub Inspector Police during the day time at Chowk, but
no private person was associated to the recovery proceedings. Petitioner has
got no previous record of such like cases. He is no more required to the police
for any further inquiry. His case is at the border line of the offence of
section 9-B & 9-C C.N.S.A., as per pronouncements of the Hon’ble Superior
Courts. Prima facie there is also violation of section 21 of C.N.S.A, hence
case is of further probe. Petitioner is admitted to post arrest bail in the sum
of Rs.50000/- with one
surety in the like amount to the satisfaction of this court. File be consigned
to record room after its due completion.
Announced.
08.11.0000
Judge
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