[Lahore High Court, Multan Bench]
Criminal Procedure Code, 1898 (V of 1898)–
—-S. 497–Control of Narcotic Substances Act, (XXV of 1947), S. 9(c)–Post-arrest bail, grant of–Allegation of–Recovery of charas in a shopping bag from petitioner–According to the contents of the F.I.R, on suspicion, petitioner was apprehended and “Charas” weighing 1180 grams was allegedly recovered from his possession–Obviously, only a meager quantity of narcotic substance i.e. 180 grams has brought the case of the petitioner within the mischief of Section 9(c) of the Control of Narcotic Substances Act 1997–It has been mentioned in the F.I.R that the “Charas” was recovered from a shopper of blue colour–It is not clear from the contents of the F.I.R that the aforesaid narcotic was weighed after its removal from the said shopper–Possibility of weighing the packing material alongwith the narcotic cannot be ruled out–Such difference of 180 grams of “Charas” raises probability of exaggeration in the weights of recovered narcotics, on the part of the Investigating Officer to make the case punishable under Section 9(c) of the Control of Narcotic Substances Act, 1997–Whether the petitioner committed an offence punishable under Section 9(c) or 9(b) of the Control of Narcotic Substances Act, 1997 is a question, which shall be ascertained by the Trial Court, after recording the evidence–No evidence regarding the sale of the alleged “Charas” by the petitioner is available on the file–Petitioner is previous non-convict, behind the bars since his arrest and is no more required for the purpose of investigation–Resultantly, this bail petition is accepted.
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