2020 P Cr (PLP)

ALI BAIG, J.

This petition under section 497, Cr.P.C. has been filed by the petitioner namely Naveed Alam son of Abad Ali Shah for grant of post arrest bail in case FIR No.08/2019 dated 01-10-2019, registered under section 9(c), C.N.S.A., 1997 against the petitioner/ accused at Police Station Gonar Farm District Diamer.

2. Briefly allegation against the petitioner/accused as narrated in the FIR is that on 01-01-2019, at about 1200 hours, the complainant and his companions/police officials, namely Mohammad War and Ijra-ud-Din, were searching vehicles near Police Station Gonar Farm KKH. In the meantime, a car bearing Registration No.NCP-Diamer-253, blue colour, which was driven by the petitioner, came at the spot from Gilgit side. Police intercepted the said vehicle and started usual search. During search, police found 1000 grams charas which was concealed beneath left front seat of the vehicle in question. The local police separated 10 grams charas from the alleged recovered charas for sending the same to the chemical examiner for examination, whereas, remaining 990 grams charas was sealed into parcel as case property. The petitioner/accused was also arrested on the spot.

3. The learned counsel appearing on behalf of the petitioner has contended that the petitioner is a taxi driver by profession and at the time of interception/search of car of the petitioner, passengers were present in the vehicle of the petitioner and the police has concealed this fact while lodging FIR. The learned counsel for the petitioner has further argued that the contraband charas was not recovered from direct possession of the petitioner rather the said charas was recovered from the vehicle in which other passengers were also boarded, thus case of the petitioner requires further inquiry. The learned counsel for the petitioner has further argued that as per prosecution version only 1000 grams charas was recovered from the car of petitioner, thus this is a border line case in between clauses "b" and "c" of Section 9 of the Control of Narcotic Substances Act, 1997, as such the case of the petitioner needs further inquiry and petitioner is entitled for concession of bail.

4. Conversely, the learned Additional Advocate General has controverted the arguments advanced by the learned counsel for the petitioner by contending that the petitioner is directly charged in the promptly lodged FIR and 1000 grams contraband charas was recovered from the vehicle which was driven by the petitioner. The learned Additional Advocate General has further argued that offence under section 9(c), C.N.S.A., 1997 falls within the ambit of prohibitory clause of section 497, Cr.P.C.

5. I have considered the submissions made by the learned counsel for the parties and perused the available record with their able assistance.

6. The prosecution/police have allegedly recovered 1000 grams contraband charas from the possession of petitioner/ accused in presence of police officials which is a border line case in between subsections (b) and (c) of section 9 of the C.N.S.A., 1997 and benefit of which could be extended to the accused at bail stage. As per version of the learned counsel for the petitioner, the petitioner is a taxi driver by profession and at the time of occurrence passengers were also present in the said vehicle but police have concealed this fact while lodging FIR which also requires further inquiry to determine the guilt of accused/petitioner and the petitioner is entitled for concession of bail.

7. Moreover, the petitioner is not previously convicted or is a hardened and dangerous criminal.

8. In view of the above discussion, I am inclined to allow bail petition. Consequently, the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs.200,000/- with one surety in the like amount to the satisfaction of Vacation Judicial Magistrate at Chilas. File. ADN/7/GB Bail refused.