ABDUL GHANI Versus State

ROOH-UL-AMIN KHAN, J.--- Petitioners (1) Abdul Ghani son of Sharbat Khan and (2) Mohammad Ishaq son of Yar Mohammad, seek their bail in case FIR No. 189 dated 10.8.2018 registered under section 9(c), Control of Narcotic Substances Act, 1997 at Police Station Akbarpura, Nowshera.

2. The prosecution case as per contents of the FIR is that, on receipt of information about trafficking of narcotics through Carry Van bearing Registration No.AFV-366/ICT, the complainant/SHO Police Station Akbar Pura on the relevant day laid a barricade at Service Road near Tower. At the relevant time the vehicle in question arrived having three persons on board, which was intercepted. The driver disclosed his name as Shakil Khan, the person on front seat as Mohammad Ishaq while accused Abdul Ghani was sitting on its rear seat. On search a bag lying beneath the rear seat was recovered, which led to the recovery of 10 packets heroin, 1030 Kgs each making a total of 10300 grams. Hence the FIR.

3. Having heard the learned counsel for the parties, perusal of record reveals that neither the heroin has been shown recovered from the personal possession of either accused-petitioner nor on their pointation, rather the same has been shown recovered from a bag lying beneath the rear seat of the vehicle being driven and in control of accused Shakil Khan. An iota of evidence is not available on record to 'prime facie' show that the vehicle in question was the ownership of any of the accused-petitioners or they have bail conscious knowledge about the concealment of heroin in the same. This aspect alone makes the case of accused-petitioners one of further inquiry. Moreso, the FSL report regarding the samples allegedly send for chemical analysis has not been received till date and in absence of which it cannot be ascertained as to whether the recovered stuff were heroin or otherwise.

4. The petitioners are behind the bars since their arrested. Investigation against them is complete and they are no more required for further investigation.

5. For the reasons given hereinabove, this bail application is accepted and the accused/petitioners are allowed, provided each of them furnish bail bonds in the sum of Rs.300,000/- ( Rupees Three Lac) with two sureties each in the like amount to the satisfaction of Ilaqa Judicial Magistrate, who shall ensure that the sureties are local, reliable and men of means.

SA/230/P Bail granted.