The accused-petitioner seeks bail in case FIR No, 799 dated 3.9.2007 under Section 9 of Control of Narcotic Substances Act, 1997 of Police Station, Saddar Kohat.
2. Brief facts of the case, as narrated, in FIR No, 799 are that Gul Jamal SHO Police Station, Cantt: Kohat received a spy information that Noor Khan and Gul Rehman sons of Swab Khan Resident of Zara Mala Illaqa Tribal Area of `Tirah' are involved in smuggling of contraband items: They bring it to Zara Mala and then are supplying the same to the people. A raiding party was arranged and residential house of Noor Khan and Gul Rehman was raided. Noor Khan decamped from the spot while Gul Rehman alongwith a small box containing six packets was arrested. On search of the packets it was founds after weighing, that each packet contained 1000 grams of charas. The samples were taken and the same was set to FSL for chemical analysis. The report of the FSL is in positive.
3. The petitioner Gul Rehman submitted an application to Mr. Muhammad Zafar Khan, Additional Sessions Judge-IV-Kohat, bearing Bail Application No, 189 of 2007 who by order dated 21.9.2007 rejected the same, hence, the present application.
4. Mr. Muhammad Saeed Khan, Shangla, Additional Advocate General for the State was heard in detail. He submitted that the petitioner besides being, directly charged in the 'FIR was arrested on the spot with six Kg of contraband charas, which he used to sell to the people, was recovered from him. The complaints were regularly being received against the two brothers namely Gul Rehman and Noor Rehman, the absconding co-accused that they are regularly selling the contraband to the people. There is strong evidence available on the record against the petitioner. The huge quantity of 6 (six) Kgs. Charas has been recovered and that punishment for the offence with which the petitioner is charged under Section 9 CNSA carries sentence of life imprisonment, which is hit by the embargo as contained under Section 497 Cr.P.C. besides also the co-accused is still at large. There are reasons to believe as per data available on the record that the accused has committed the offence prima facie, for which he has been charged.
5. In view of the facts and circumstances of the case narrated above, this petition fails which is hereby dismissed.