2005 PLP 1257 (YLR)

WAHID BUX BROHI, J.

The applicant Ashraf Ali has been arrested for an offence punishable under section 9(c) of the Control of Narcotic Substances Act, 1997. The allegations against the applicant as per F.I.R. are that during patrol the police party of ANF Clifton received spy information that Ajab Gul and Qadir Khan narcotics dealers were to deliver Charas in huge quantity at Gulbai Chowk, by Truck No.QAA-1626. The police party immediately reached the spot and saw that the Truck stopped at Gulbai Chowk and one person alighted from door of driver side along with nylon bag. The Truck was encircled and that man was apprehended. On opening the cleaner s side door, one person was seen sitting with white colour nylon bag in his lap. The person who alighted from the driver side door disclosed his name as Ajab Gul and the bag secured was found to contain 12 packets of Charas each having 10 thin slabs in all weighing 15 Kgs. The other person disclosed his name as Qadir Khan and 12 packets of Charas were recovered from his bag each containing 10 slabs, totally weighing 15 Kgs. On searching the Truck 3 bags were found concealed under the seat of the Truck and the cavities which contained 12 packets of Charas weighing 45 Kgs. The applicant who was found sleeping on the upper portion of the cabin of Truck disclosed his name as Ashraf Ali, younger brother of Ajab Gul and he stated that he was cleaner of the Truck. Samples were drawn and Seizure Memo. was prepared on the spot. We have heard Mr. Ilamdin Khattak learned counsel for applicant and Mr. S. Mehmood Alam Rizvi learned Special Prosecutor, ANF. It was strenuously argued by Mr. Ilamdin Khattak that the applicant being brother of the driver has been implicated falsely, otherwise no narcotic substance has been secured from his possession, therefore, his case requires further enquiry. Mr. Mehmood Alam Rizvi contended that the applicant was cleaner of the truck and happened to be the brother of driver Ajab Gul and was present in the truck, therefore, within the meaning of section 14 of the CNS, Act he having conscious knowledge of presence of the narcotic substance which was lying in the truck was liable to punishment under section 9(c) read with section 15 of the CNS Act, 1997. Without entering into detailed discussion it may be observed that for the time being the prosecution depends on the alleged version of the accused that he was cleaner of the truck. Admittedly, Charas was secured from the truck and not from the possession of applicant. There are direct allegations in the F.I.R. that Charas was secured from the possession of driver Ajab Gul and Qadir Khan, but no such allegation has been levelled against the applicant. His guilt based on his own version given to police would call for further enquiry. The bail plea is, therefore, accepted. In consequence of the above, the application is allowed. The applicant may be released on bail on furnishing security in the sum of Rs.2,00,000 and executing P.R. bond in the same amount to the satisfaction of trial Court. N.H.Q./A-172/K Bail granted.