Law:

Section:

Criminal Procedure Code (V of 1898)---S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), Ss.9(c) & 51(2)---Possessing and trafficking of narcotics---Bail, grant of---Further inquiry---Accused who was behind the bars for the last eight and a half months, was not required by the prosecution side for further recovery or investigation---Witnesses were summoned, after framing charge in the case, but no prosecution witness was in attendance---After several adjournments two prosecution witnesses, who were Police Officials were present, but their statements could not be recorded as the Lawyers were observing strike on said date---Ever since the presentation of challan before the Trial Court, the trial was lingering on the basis of one pretext or the other, and the guilt of accused was yet to be determined---Prosecution was not pursuing the case vigilantly, and its witnesses were not in attendance before the Trial Court, which they otherwise ought to have bound under the law---Trial in the case was likely to consume a reasonable time---No useful purpose would be served by keeping accused behind bars for an indefinite period---Was yet to be determined by the Trial Court, after recording the evidence of the parties that alleged recovered substance was narcotic substance within the meaning of Control of Narcotic Substances Act, 1997---Till that time case of accused was covered under S.51(2) of Control of Narcotic Substances Act, 1997 calling for further inquiry into his guilt---Accused, was admitted to post-arrest bail, in circumstances. Masud Ahmad v. The State 2008 YLR 1784 rel. ORDER Through this petition, Muhammad Sajid alias Shahid petitioner has sought his post-arrest bail in case F.I.R. No.372 of 2012 dated 23-8-2012 offence under section 9(c) registered with Police Station Kot Sabzal Tehsil Sadiq Abad District Rahim Yar Khan. 2. The prosecution story as narrated by the complainant per F.I.R. is that on spy information the police conducted a raid and recovered 2 Kg of Poast on 23-9-2012 from the petitioner, hence this case. 3. Learned counsel for the petitioner inter alia contends that the petitioner is innocent and has not committed the offence…

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