On receipt of complaints from the inhabitants of the locality that petitioner Sherin Muhammad, deals in narcotic business in his house in Mohallah Zarbora Badrashi, District Nowshera, a police party, headed by Mir Qasim Khan, SHO, Police Station Cantt: Nowshera, raided the house of the petitioner on 11.12.2005 at about 8.00 a.m. and recovered charas from a residential `Kotha' of the house. The charas was weighed and found 1130 grams. Five grams were separated out of the contraband charas and sent to the office of Chemical Examiner, Peshawar for opinion. The search of the house also led to the recovery of a Klashinkov and ten live cartridges. The petitioner was formally arrested and a case was registered against him, vide FIR No, 634 dated 11.12.2005 under Section 9 CNSA read with Section 13 AO at Police Station Nowshera Cantt. The petitioner moved an application in the Court of Additional Sessions Judge, Nowshera for grant of bail which was dismissed by order dated 20.12.2005. The petitioner has approached this Court with the similar prayer.
2. I have heard Mr. Arshad Samad, Advocate for the petitioner and Malik Manzoor Hussain, Advocate, appearing on behalf of the State.
3. The contraband charas weighing 1130 grams has been recovered from the house of the petitioner during raid. The quantity of 1130 grams marginally exceeds the limit of thousand grams, therefore, being a border line case between clause 'B' and 'C' of Section 9 of Control of Narcotic Substances Act, 1997, is a point of discussion and further inquiry to determine guilt of the petitioner.
Taj Ali Khan Petitioner vs. The State respondent (2004 YLR 439 Peshawar). Further, the contraband charas alleged to have been recovered on 11.12.2005, report of the chemical examiner has not been received so far. The petitioner is the first offender and he is in jail ever since his arrest on the aforesaid date i,e, 11.12.2005. The application is accepted and the petitioner is directed to be released on bail on furnishing bail bonds in the sum of Rs, 3,00,000/- with two sureties each in the like amount to the satisfaction of Illaqa Judicial Magistrate.