' MUHAMMAD AKHTAR SHABBIR, J.--- This order will dispose of Criminal Miscellaneous Nos.607/B and 692/B of 2005 as they arise out of same F.I.R.
2. Akhtar Ali and Nadeem Iqbal, petitioners in both petitions seek bail in case F.I.R. No,9 registered under section 9-C and 14/15 of C.N.S.A., 1997 with Police Station A.N.F., Rawalpindi.
3. Learned counsel for the petitioners argued that Anwar Bashir co-accused is the chief culprit, who obtained the said Suzuki Alto Car from "Rent-a-Car Shop" on rental basis and was driving the same; that the suit-case lying in the car belongs to him who opened the same with his key from which the alleged narcotic material was recovered; that nothing has been recovered from the possession of the petitioners and there is no incriminating evidence on the record, involving the petitioners in the commission of the offence; that the police has submitted the report under section 173, Cr.P.C. To the Court wherein nothing is alleged against these petitioners nor any evidence has been collected to connect them with the commission of the offence.
4. On the other hand, learned Law Officers have vehemently opposed the grant of bail to the petitioners, contending that Akhtar Ali petitioner has purchased the narcotics material from Peshawar and handed over the same to Anwar Bashir for smuggling out of Pakistan and Nadeem Iqbal petitioner is also partner of said. Anwar Bashir; that the petitioners have participated in associating conspiring and facilitating the chief culprit in the commission of offence or transporting/trafficking the narcotic material out of Pakistan and are liable to be punished for contravening the provision of section 14 of C.N.S.A., 1997. Further it is not a fit case for bail.
5. We have heard the learned counsel for the parties and perused the record. Admittedly, the "Charas" has been recovered from the suit-case lying in the vehicle which was hired by Anwar Bashir co-accused. The prosecution has yet to prove at the trial that the accused petitic ers in any way have any link with the chief culprit or they were agents of said Anwar Bashir. In such circumstances the Division Bench of this Court had admitted the accused on bail in case of Muhammad Ijaz v. State 2005 PCr.LJ 603.
6. As the prosecution, prima facie, failed to show any direct or indirect piece of evidence, connecting the petitioners with the commission of offence and nothing incriminating was found against the petitioners despite prohibition contained in section 51 of C.N.S.A., 1997, the High Court in such a situation has the power to grant bail to the accused person as laid down in case of The State v. Syed Abdul Qayum 2001 SCM R 14.
7. The participation of the present petitioners in the occurrence and A their association with Anwar Bashir is yet to be determined by the Court after recording the prosecution evidence and an accused is presumed to be innocent unless he proves guilty beyond reasonable doubt by the prosecution. There are reasonable grounds to believe the false involvement of the petitioners in the commission of offence, therefore, despite bar contained in subsection (1) of section 51 of C.N.S.A., 1997 this Court considers it a fit case for grant of bail to the petitioners. There is no likelihood of early conclusion of the trial of the case of the petitioners; hence, all these circumstances are sufficient to bring the case of the petitioners within the ambit of further inquiry.
8. For the foregoing reasons and without prejudicing the merits of the case the bail petitions are accepted and the petitioners shall be released on bail provided they furnish bail bonds in the sum of Rs,5,00,000 (Rupees five lacs) each with one local surety each in the like amount to the satisfaction of learned trial Court concerned.