2018 PLP 219 (YLRN)

MOHAMMAD IBRAHIM KHAN, J.--This is an application of Asad Khan, the petitioner herein is looking for his post arrest bail in case FIR No.22 dated 19.09.2017 charged under section 9(c), CNSA registered at Police Station ANF, Mansehra.

2. His earlier petition before the Court of learned Judge Special Court (CNS), KPK, Peshawar was dismissed vide a slipshod order on 20.11.2017. The reasons for dismissal are that there is huge quantity of contraband narcotics being recovered from the direct possession of the accused/petitioner. The data available on file prima facie connects him with the commission of offence falling within the prohibitory clause of Section 497, Cr.P.C.

3. It was on 19.09.2017 the leading team of the officials of ANF with head Sub-Inspector Abid Usman of Police Station ANF, Mansehra were on their usual duty, checking the commuters, a hiace bearing No.LES/4263 white colour was passing which was halted. The officials of ANF were searching the passengers with their luggage, they found the petitioner Asad Khan holding a blue colour shopper in his right hand. He was alighted being suspected transporting the contraband, when opened the shopper there were two packets, each weighing 1000 grams wrapped in yellow solution tap out of which 10/10 grams were separated for chemical analysis.

4. Having heard arguments of learned counsel for the petitioner, learned Special Prosecutor on behalf of ANF and record with their assistance gone through.

5. Learned counsel for the petitioner placed reliance on the judgment of this Court in Bail Application No.449-P/2017 titled Iltaf Hussain Shah v. The State. Conversely learned Special Prosecutor on behalf of ANF referred 2015 SCMR 1077 (Socha Gul v. The State) and 2016 SCMR 1447 (Dolat Khan v. The State and others) and opposed the grant of bail.

6. There finds an order of the learned Judge Special Court (CNS), Peshawar dated 02.10.2017 whereby the co-accused Zeeshan was granted bail on the ground that there is scope of further inquiry into his guilt whether he is actual beneficiary of the narcotics and the transaction, he was infact nominated by this petitioner under statement under section 161, Cr.P.C. for the said accused/ petitioner to be the owner of the contraband charas. This petition was taken for the grant of bail on account of the development in view of the statement recorded under section 161, Cr.P.C. to have named the co-accused Zeeshan to be the owner of contraband charas and he mere at the time of transportation was apprehended. Moreso, in the light of the referred judgment of this Court by the learned counsel for the petitioner, it is also to think over as to how it would be possible for the accused/petitioner to have transported two KGs charas in open condition where placing the same in a shopper which was opened and was sitting along with other passengers as the chars have an odour could easily be perceived with the nose of all the passengers and easily could be noticed by the driver and cleaner of the said Hiace who have said nothing about such recovery. This is also a matter of further inquiry that seizing officer has not disclosed the mode and manner of weighment whether by a digital or local scale when the separation of 10/10 grams could be exactly weighed for its separation.

7. Under the recovery of 2000 grams charas normally where there is the scope of further inquiry bails are not declined, therefore, this bail petition is allowed and petitioner is asked to furnish bail bonds in the sum of Rs.2,00,000/- (two lacs) with two sureties each in the like amount to the satisfaction of Judicial Magistrate concern, who shall ensure that the sureties are local, reliable and men of means. MQ/145/P Bail granted.