GULAB HUSSAIN vs THE STATE

' MUHAMMAD ALAM KHAN, J.-Having failed to secure bail from the Court of Sessions Judge/Judge Special Court, Kohat, vide order, dated 20-5-2008. Petitioner Gulab Hussain son of Syed Sultan Asghar, involved in case F.I.R. No,7, dated 7-5-2008 under section 9 (c) of the Control of Narcotic Substances Act, 1997 Police Station Railway Kohat, has submitted this petition seeking his release on bail.

2. Facts gleaned from the F.I.R. Are that Dildar Hussain S.-I./S.H.O. Railway Police, Peshawar, had reported the matter that he along with other police officials was on duty in kailway Station Kohat in connection of checking of weapons and narcotic. It is alleged that when they entered a bogi attached to the Railway engine and he with prior information and signal by the informer checked the petitioner Gulab Hussain resident of Ustarzai District Kohat, who was having a hand bag in his lap, on checking the bag, three pairs of clothes, and cloth for the suits, and a photo copy of national identity card of Gulab Hussain petitioner was recovered. Besides also he had wrapped Charas in a paper which was recovered on weighment it was found to be 1200 grams. Twenty gram was separated for chemical analysis and the remaining was sealed in a separate parcel.

3. Learned counsel for the petitioner argued that the recovery had been effected allegedly from the petitioner at Railway Station Kohat, but none among the public has been associated with the recovery proceedings. It was also argued that the alleged sample was sent to the Forensic Science Laboratory very late and the case of accused/petitioner is on border line of 9 (b) and 9(c) of the Control of Narcotic Substances Act, 1997. It was also argued that the petitioner is behind the bars since 7-5-2008 and the investigation in the case is complete, so the presence of the petitioner is no longer required.

4. Miss. Shabana Tajak, Advocate, learned counsel appearing for the State submitted that the accused/petitioner is directly charged in the F.I.R. And recovery has been made from direct and conscious possession of the petitioner and thus he is not entitled to the concession of bail.

5. I have considered the arguments of the learned counsel for the parties and perused the record of the case. The recovery has allegedly been made from the petitioner in a train stationed at Railway Station Kohat, a busy place but none among the public has been associated with recovery proceedings. The charas recovered is 1200 gram which by margin exceed 1000 gram. The Court while seized of the bail application has also to keep in mind the maximum sentence likely to be awarded to the accused. In this case the record does not show that the accused is a previous convict or involved in such like cases. Thus, in view of the dictum laid down in the case of Noor Ali Khan v. The State and other reported in 2003 M LD 1637 (Peshawar). The accused/petitioner is entitled to the concession of bail.-

6. In view of the facts and circumstances of the case narrated above, this petition for bail is allowed. The petitioner is admitted to bail, provided he furnishes bail bonds in the sum of Rs,2,00,000 (Two hundred thousands) with two sureties each in the like amount to the satisfaction of Illaqa Judicial/Duty Magistrate, Kohat, who shall ensure that the sureties are local, reliable and men of means.

7. Above are the reasons for my short order dated 25-7-2008.