2020 PLP 1846 (MLD)

ALI BAIG, J.

Through the instant bail petition filed under section 497 Cr.P.C, the petitioners/accused have sought post arrest bail in case FIR No.105/2019 dated 10-8-2019, registered under section 9-(C) of Control of Narcotic Substances Act 1997 at Police Station Jutial, Gilgit.

2. Briefly allegations against the petitioners/accused as narrated in the FIR are that, on 10-8-2019, Police of Police Station Jutial Gilgit, received Spy information that a vehicle Datsun bearing registration No.NWFP-Peshawar J-6865 left for Gilgit from Rawalpindi loaded with vegetables and huge quantity of Charas. On receipt of this information, the complainant and other Police Officials of Police Station Jutial, Gilgit proceeded to Police Check Post Jutial, Gilgit and waited for the said vehicle. In the meanwhile, at about 20:30 hours the aforesaid vehicle reached at Police Check Post Jutial, Gilgit from Rawalpindi side. The police intercepted the said vehicle of the petitioners/accused and recovered 29 KG contraband Charas from the said vehicle. At the time of recovery of contraband Charas from the vehicle, the petitioner No.1/accused namely Kamran was on driving seat and petitioner No.2/accused namely, Anwar Badshah was on the front seat of the said vehicle (Datsun). After recovery of 29 KG contraband Charas, the police apprehended both the above named petitioners/accused.

3. It would not be incongruous to mention here, that the petitioners/accused earlier had filed bail petition in the court of Special Judge CNSA/Sessions Judge, Gilgit, which was dismissed by the learned Sessions Judge, Gilgit vide bail order dated 18-9-2019, hence this petition.

4. The learned counsel appearing on behalf of petitioners/accused contended that the petitioners/accused are innocent and have falsely been implicated them in this case by the Police. The learned counsel for petitioners/accused further argued that the case of the petitioners/accused is doubtful which requires further inquiry, therefore, the petitioners/ accused are entitled for concession of bail.

5. On the other hand, the learned Dy. Advocate General vehemently opposed this petition by contending that the petitioners/ accused are directly charged in the promptly lodged FIR and huge quantity of contraband Charas was recovered from the vehicle of the petitioners/accused in presence of marginal witnesses. The learned Dy. A.G. further argued that the offence under section 9(c) CNSA 1997 falls within the ambit of prohibitory clause of section 497 Cr.P.C, therefore, the petitioners/accused are not entitled for concession of bail.

6. We have gone through the available record and considered the arguments advanced by the learned counsel for the parties.

7. Admittedly, both the petitioners/accused are directly charged in the promptly lodged FIR with specific role. Huge quantity of 29 KG contraband Charas was recovered from the vehicle, which was driving by the petitioner No.1/accused namely Kamran son of Lal Zada and the petitioner No.2/accused namely Anwar Badshah son of Shah Pasand was conductor of the aforesaid vehicle. The Police took the contraband Charas into possession in presence of marginal witnesses from the vehicle in question. The learned counsel for the petitioners/accused has not been able to point out any background of ill will or bitterness between the petitioners/accused and local police and the local police so as to prompt the petitioners/accused to falsely implicate in this case. The offence under section 9(c) of the Control of Narcotics Substance Act 1997 entails a maximum sentence of death, as such falls within the ambit of prohibitory clause of section 497 Cr.P.C.

8. From tentative assessment of material collected by the prosecution during investigation, it shows, that the petitioners/ accused are prima facie connected with the alleged offence, therefore, the petitioners/accused are not entitled for concession of bail.

9. In view of what has been discussed above, we have come to the conclusion that reasonable grounds do exist to believe that the petitioners/accused are prima facie involved in the alleged offence and this bail petition is, therefore, dismissed. File. SA/203/GB Bail declined.