2013 PLP 1617 (YLR)

ASSADULLAH KHAN CHAMKANI, J.

Petitioner Muhammad Sadiq, through the instant petition, seeks his release on bail in case F.I.R. No. 25 of 2012 dated 7-5-2012 registered for offence under sections 6, 7, 8 and 9(c) of CNSA at Police Station Custom I and P Branch, Peshawar.

2. On 7-5-2012, there was information to Mr.Ziauddin Wazir, Additional Director Intelligence and Investigation, Peshawar that huge quantity of narcotics would be smuggled from tribal area to Peshawar and thereafter via Motor Way to Punjab through motor car Toyota Corolla bearing Registration No. LXW/ 0846 and on his direction Mr.Muhammad Arshad Khan, Deputy Director Intelligence and Investigation, Peshawar constituted a raiding party headed by Ali Akbar, Superintendent, who laid barricade at the Motorway Toll Plaza when at the eventful time the said vehicle emerged on the scene, which was signaled to stop. On cursory interrogation of the vehicle, from the secret cavities made in the tanki, 14 KGs of charas gross were recovered, which was taken into possession. Necessary samples were sent to FSL for chemical analysis while the remaining bulk was sealed into separate parcel, hence the case was registered against the petitioner.

3. Learned counsel for petitioner contended that out of total 14 KGs of charas, samples were not drawn from the total consignment but after mixing all the packets together, thereafter three samples weighing 10 grams each were sent to FSL for chemical analysis, which according to him does not represent the whole lot. Further submitted that the petitioner has no connection whatsoever with the alleged offence. He was of the view that the recovered stuff was not recovered from personal possession of the petitioner but it was hidden in the secret cavities, hence was having no conscious knowledge about the availability of narcotics in the vehicle. Lastly, he contended that challan is complete and trial has commenced and the accused is no more required for further investigation, therefore, on the available record the petitioner is entitled to the grant of bail. In support of his arguments, the learned counsel relied on case-law reported as PLD 2012 SC 380.

4. On the other hand, learned Deputy Attorney-General while opposing this petition contended that huge quantity of narcotics i.e. 14 KGs of charas have been recovered from the secret cavities of the vehicle driven by the petitioner at the relevant time and prima facie he had the knowledge about availability of narcotics therein. No other person was present in the vehicle but the petitioner was all alone driving the same. The FSL report with regard to the recovered stuff is in positive. Challan is complete and trial has commenced and the accused was summoned for 21-6-2012 but since the record was requisitioned by this court in the instant matter, therefore, no progress in the trial could be made. He was of view that it is not necessary to take sample from each packet of narcotics but sending of reasonable quantity from the recovered stuff would serve the purpose. In support of his arguments, the learned D.A.-G. relied on case-law reported as PLD 2010 SC 1052, therefore, in this view of the matter the petitioner has no case for the grant of bail. Arguments heard. Record perused.

5. Admittedly, the petitioner was driving the motorcar at the relevant time. He is Incharge of the same and it would be under his control and possession, hence articles lying in it would be under his control and possession. Moreover, no other person was present and the petitioner was all alone driving the vehicle. As far as the objection of learned counsel for petitioner that unspecified quantity was taken from the packets and only one sample was sent for chemical analysis, hence the petitioner is held liable only for the sample sent to the Chemical Examiner, hence in this respect the case law he has produced is not applicable and is altogether distinguishable from the case in hand. In this case, from the whole lot i.e. 14 packets, some quantity of narcotics from each packet was separated, mixed up and then therefrom 3 samples of 10 grams each were prepared and only one, sample of 10 grams was sent for chemical analysis, so this process of the I.O. denotes that the sample sent to the Chemical Examiner represents the whole lot of 14 packets. Moreover, it was never stated anywhere in the Control of Narcotic Substances Act, 1997 or the Rules framed thereunder as to how much quantity from the seized narcotics should be sent for the purpose of chemical analysis, so the objection raised by the defence is not maintainable at this juncture and if he had some objection that should be thrashed out at the trial stage. Additionally, the narcotics business is increasing day by day, which affects not only the individuals but also the whole society. Moreover, challan is complete and trial has commenced. The case law cited by learned D.A.-G. is attracted to the facts and circumstances of the case, hence in this background the petitioner is not entitled to the concession of bail. Consequently, this petition is dismissed, however, the learned trial Court is directed to conclude the trial within four months, after receipt of this order. Record of the case be sent back forthwith to the concerned quarters. MWA/270/P Bail refused.