2017 P Cr (PLP)

QAISER RASHID KHAN, J.

The petitioner, Naeem, seeks bail in case FIR No. 1253 dated 10.7.2016 registered under sections 9(c), C.N.S. Act/325, P.P.C., Police Station Pahari Pura, Peshawar after the said relief was declined to him by the learned court below.

2. Allegations against the accused-petitioner are that he was apprehended along with 2700 grams Charas Gardah and 300 grams heroin, hence the FIR ibid. Arguments heard and record perused.

3. As evident from the FIR, it was on an information to the local police regarding the sale of narcotics by the accused-petitioner when they rushed to the spot and tried to overpower him but he took out a blade and caused injuries on his head and neck whereafter the search of the shopping bag, in his possession, led to the recovery of 2700 grams Charas Gardah and 300 grams heroin along with an amount of Rs.1500/-.

4. All that the learned counsel for the petitioner vehemently argued was that the accused-petitioner has been falsely roped in the instant case as despite being charged by the local police to be engaged in the sale of narcotics, nobody was found in the surroundings purchasing the narcotics from him and moreover, no test purchase exercise was conducted by the police to ascertain the involvement of the accused-petitioner in such like activity.

5. Given the contents of the FIR whereby the accused-petitioner on seeing the approaching police, resorted to the extreme step of causing injuries on his head and neck with a blade that he was carrying and whereafter the recovery of huge quantity of contraband narcotics was effected from his personal possession, it hardly stands to reason that the accused-petitioner was falsely involved by the police in the present case. Of late, it has been noticed that such type of persons, engaged in narcotics sale at local level, stage a drama in order to arouse the sympathy of bystanders and their weapon of offence is a shaving blade which they keep either to ward off the police or in the alternative even to cause injuries to their person and in the latter case, they at times even succeed to make good their escape from the place of occurrence. As and when the law enforcing agencies put their acts together in order to nab narco dealers, the more such dealers or their facilitators bring about novelty in their acts and actions and the case of the accused-petitioner inflicting injuries on his person is but one example.

6. Taking a tentative and overall assessment of the available record, the accused-petitioner is prima facie involved in the commission of the offence which falls within the prohibitory limb of section 497, Cr.P.C. and thus I hold him disentitled to the concession of bail. Resultantly, this bail petition stands dismissed. Before parting with this order, it is directed that any observations recorded in this order, being purely tentative in nature, should in no way prejudice the proceedings before the learned trial Court where the case be decided on its own merits after recording evidence. JK/317/P Petition dismissed.