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Petitioner: Safdar Ali VS Respondent: The State and another
Court Name: Lahore High Court Judge(s): Syed Shahbaz Ali Rizvi Title: Safdar Ali vs The State and another Case No.: Crl. Misc. No. 3966-B of 2025 Date of Judgment:2025-03-05 Reported As: 2025 P Cr. L J 835 Result: Bail granted
Judgment
ORDER SYED SHAHBAZ ALI RIZVI, J. Through this petition, Safdar Ali petitioner seeks his release on post arrest bail in case FIR No.12088 dated 15.11.2024 registered for offence under Section 9(1)1(c) of Control of Narcotic Substances Act, 1997 (amendment 2022), at Police Station Kahna, District Lahore. 2. Arguments heard. Record perused. 3. Perusal of the complaint/crime report transpires that the Recovered was in the form of green leaves and branches, 10-kg in weight out of which 500-grams was separated for sample purpose but the perusal of report of Punjab. Forensic Science Agency shows that the sample was 246-grams only and the material available therein was crushed dried green plant with flowering and fruiting tops. Thus the weight of sample taken and the material recovered is inconsistent with the weight of sample weighed by the laboratory and the contents available in the sample parcel. This aspect of the case in hand prima-facie, makes the same one of further inquiry into petitioner's guilt entitling him to the grant of post arrest bail. Petitioner does not have any previous criminal record. He is behind the bars since his arrest on 15.12.2024. No material progress in the trial could even be argued today. In collective consideration of the facts mentioned above, keeping the petitioner behind the bars till conclusion of trial is neither likely to serve any useful purpose nor seems justified. Hence, this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs.200,000/- with two sureties each in the like amount to the satisfaction of learned trial court.