ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                                Cr.B.A.No.S-497 of 2012.

DATE         ORDER WITH SIGNATURE OF JUDGE

22.10.2012.

Mr. Waqar Ahmed Leghari Advocate for the appllicant.

Shahzado Saleem Nahyoon Asstt. P.G

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SALAHUDDIN PANHWAR J:        The applicant seeks post arrest bail in crime No.137/2012 of P.S. Jamshoro u/s 9-c of Narcotic Substances Act, 1997.

2.         Facts leading to this bail application are that on 15.06.2012, complainant SIP Abdul Ghafoor arrested the applicant and found one bag containing 1120 grams of charas, out of which 108 grams of charas was separated for chemical examination. Thereafter applicant and property were brought at police station, where F.I.R. was registered and after investigation case was challaned before the trial court.

3.         Counsel for the applicant inter-alia contends that the alleged recovery effected from the applicant comes within border line case and it is settled proposition of law in various precedents that in border line cases, bail is to be granted and on same analogy, applicant is entitled for concession of bail, he has relied upon case of Mohsin Abbas Vs. the State reported in 2011 P Cr. L J 1817 and  Nasir Khan Afridi Vs. The State reported in 2011 YLR 2316.

4.         Conversely, learned Assistant P.G. for the State did not controvert such authoritative proposition of law.

5.         Heard learned counsel. Perused the record.

6.         Alleged recovery of 1120 grams of charas was effected from the applicant, which candidly comes within the ambit of border line of subsection (b) and (c) of section 9 of Narcotic Substances Act, 1997 and authoritative proposition of law under similar  circumstances as laid down is that where recovery falls within scope of border line cases, bail is to be granted, specially in cases in which narcotic substance is charas, therefore, under these circumstances, applicant has made out a case for grant of bail, reference can be made to the case of Mohsin Abbas and Nasir Khan (supra).

7.         Keeping in view the above circumstances and dicta laid down by this court, applicant is hereby admitted to post arrest bail subject to furnishing solvent surety in the sum of Rs.50,000/- and P.R bond in the like amount to the satisfaction of the trial court.

                                                                                                            JUDGE

A.K