Law:

Section:

Criminal Procedure Code (V of 1898)---S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Possession of narcotic---Bail, grant of---Further inquiry---Contradiction regarding quantity of sample sent for analysis---Effect---Accused was allegedly found in possession of 4.360 kilograms of narcotic---As per content of F.I.R., complainant (police-official) segregated thirty grams (sample) from the recovered substance for chemical analysis, but report of Chemical Examiner revealed that the parcel (of sample) analyzed contained 250 grams of recovered substance---Complainant appeared to have toyed with the parcel of recovered substance by fetching another sample therefrom at a later date, but question as to how and in whose presence he did so, was not supported by any evidence---Complainant belatedly recorded his supplementary statement to cover up the said lacuna, which too showed an interpolation---Question as to whether accused possessed a narcotic substance, as alleged in the F.I.R., could only be determined by Trial Court after recording evidence of parties at trial---Case against accused called for further probe into his guilt---Accused was admitted to bail accordingly. ORDER Mr. Farooq Hassan Naqvi, Advocate has submitted his Wakalatnama on behalf of the petitioner by contending that the original counsel hails from Faisalabad, who is not available today, but he has authorized him to represent the petitioner, who seeks post-arrest bail in case F.I.R. No.1212, dated 22-10-2012, under section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Ghulain Muhammad Abad, Faisalabad. 2. The allegation against the petitioner is that he possessed 4.360 kilograms narcotic-Bhikki, when arrested by the police on 22-10-2012. 3. Learned counsel for the petitioner submits that story mentioned in the F.I.R. does not inspire confidence as a daughter cannot be expected in our society to deliver contraband substance to her father to sell it; it was a populated area wherefrom the petitioner was taken into custody and absence of evidence by a local inhabitant renders the story of F.I.R. doubtful; the petitioner is aged 70, who has no…

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