NISAR KHAN vs The STATE

' KHALID MEHMOOD, J.---Petitioner Nisar Khan has been refused bail by the learned Additional Sessions. Judge-XIII, Peshawar in case F.I.R. No.1129, dated 1-12-2012, of Police Station Agha Mir Jani Shah, Peshawar, registered under section 9(c) C.N.S.A., therefore, he has lodged the present bail petition before this Court.

2. Brief facts of the case are that Sartaj Khan, S.I. Police Station Agha Mir Jani Shah along with other police constables were on patrol duty, when they received a spy information regarding the trafficking of narcotics to Karachi. On which they proceeded to the spot, where they saw two suspicious persons having two plastic bags in their hands waiting for the vehicle for proceeding to Karachi. On search, five packets chars gardha weighing 5 Kgs in total were recovered from each accused, who disclosed their names as Nisar Khan, the present accused and Bashir Muhammad, the co-accused, accordingly both were arrested and booked in the aforesaid case.

3. Learned counsel for petitioner contended that the petitioner had no knowledge regarding the presence of narcotics in the fruit carton, therefore, the case of the petitioner is of further inquiry. He further submitted that petitioner is neither a previous convict nor required for further investigation in the present case and is not likely to be punished for more than 10 years; that the FSL report is regarding Chars pukhta in the case, whereas: the alleged recovery was effected from the petitioner was in the shape of charas Garda, therefore, he is entitled to the concession of bail. He placed reliance on 2012 SCM R 573, 2Q09 YLR 246 and one unreported judgment bearing No. Criminal Miscellaneous BA No.1655 of 2011.

4. Learned State counsel opposed the bail petition on the ground that petitioner is directly charged in F.I.R. For the alleged recovery of 5 Kilograms charas and that the FSL report is positive, that the question of false implication dots not arise as the police officials had no grudged with the petitioner, therefore, he is not entitled to the concession of bail.

5. I have gone through the record carefully and considered the submissions made by the learned counsel for the parties.

6. After hearing the learned counsel for the parties, I have come to the conclusion that no doubt 5 Kgs charas has allegedly been recovered from the possession of the petitioner but uptil now the Chemical Examiner' report is not available on record, however, the learned State counsel produced the same, opining that the contraband was Charas Pukhta, hence, leaving room to ascertain as to whether the alleged contraband recovered was Charas or otherwise, therefore, the case of petitioner requires further probe. Moreover, it is consistent practice of this Court to allow bail in such like offence keeping in view the quantity of contraband recovered. Thus, I allow this bail petition and admit the petitioner to bail in the sum of Rs.2,00,000 with two sureties each in the like amount to the satisfaction of the learned Judicial/Illaqa Magistrate.