2009 PLP 335 (MLD)

MUHAMMAD ALAM KHAN, J.

Having been involved in a case registered vide F.I.R.No.260, dated 11-5-2008 under section 9, Control of Narcotic Substances Act, 1997 registered at Police Station Gul Bahar, the accused-petitioner Muhammad Bilal was refused bail by the learned Additional Sessions Judge-IV, Peshawar by his order, dated 16-6-2008. Now he has come to this Court for his release on bail.

2. Precisely the facts of the case are that the complainant Zarwali Khan, Inspector/S.H.O. on a spy information along with Ajmal Khan, Javed Khan and Fayaz Gul F.Cs. had laid 'Naqabandi' on Service road near Peshawar Bus Terminal. In the meantime on the pointation of an informer a man going on foot was intercepted who disclosed his name to be Muhammad Bilal son of Anwar Khan resident of Khanmast Colony Yaqatoot, Peshawar. A plastic bag containing four packets of Charas was recovered from his possession which on weighment was found to be four kilograms, out of which 5/5 grams from each packet was separated for analysis through FSL and the remaining was sealed into separate parcel. He was arrested on the spot and a case under the above section of law was registered against him.

3. Learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely roped in. It was also submitted that the petitioner is a student of 8th Class as per Certificate placed on file and is neither a previous convict nor previously involved in such like activities.

4. On the other hand, Mr. Saeedullah Khalil, learned counsel appearing for the State opposed the bail application on various grounds, that the accused-petitioner is directly charged in the F.I.R., huge quantity of Charas has been recovered from his personal possession and he is not entitled to the concession of bail.

5. I have given my anxious consideration to the submissions of the learned counsel for the parties and have gone through the record of the case.

6. Perusal of the record reveals that the petitioner is a student of Government Higher Secondary School Wazir Bagh Peshawar and there is nothing on record that he is either a. previous convict or previously involved in such like activities thus, his case can be considered for the purposes of bail as held in the case of "Nisar Khan v. The State" (2007 YLR 836).

7. Furthermore, the venue of the occurrence is a public place on General Trunk Road opposite General Bus Terminal which is always being plyed by heavy traffic but none from the public was associated with the recovery proceedings. Although non-association of public will not be treated as an irregularity but in cases where none is available. However, in cases, as the one in hand, when the venue of occurrence is a public and over-crowded place then the public witness has to be associated with the recovery proceedings. The challan in this case is complete and the petitioner is no longer required for investigation.

8. In view of the facts and circumstances of the case narrated above, this petition is accepted and the accused-petitioner is ordered to be released on bail provided, he furnishes bail bond in the sum of Rs.3 lac (Rupees three hundred thousand) with two sureties each in the like amount to the satisfaction of Illaqa/Judicial Magistrate who will ensure that the sureties must be local, reliable and men of means. Above are the reasons for any short order, dated 18-8-2008. H.B.T./14/P Bail granted.