After the rejection of his application for bail by the Court of learned Judge Special Court/Additional Sessions Judge-V Bannu vide its order dated 24.1.2008 in case FIR No, 3 dated 6.1.2008 under Section 9 CNSA registered at Police Station Saddar Bannu, Ibrar son of Sher Afzal, accused/petitioner, has filed the application in hand for the same relief.
2. The prosecution story is that on the fateful day and time, Iftikhar Ali Shah, S.H.O. of Police Station Saddar Bannu alongwith police party was on routine gusht and when reached the place of occurrence, a man having a plastic envelope in his hand on seeing the police party tried to run but he was overpowered. On interrogation, he disclosed his name as Ibrar son of Sher Afzal, resident of Hassan Khel Esakey, District Bannu. On checking the plastic envelope, it contained charas weighing 1510 grams, out of which four grams was separated for chemical analysis in Parcel No, 1 while the remaining quantity of 1506 grams was sealed in Parcel No,
2. The accused/petitioner was accordingly booked for the instant offence/Thereafter he applied for his release on bail but it was declined by the learned lower Court as mentioned above and hence this petition.
3. Written arguments on behalf of the petitioner were submitted which were perused in the light of available record, while the learned Deputy Advocate General opposed the bail prayer of the petitioner orally on behalf of the State.
4. Without discussing deep merits of the case at this stage, prima facie, the ease of the accused/petitioner falls within the ambit of further inquiry entitling him to the concession of bail, as it is yet to be determined at the trial whether the case falls under Section 9 (b) or 9(c) CNSA being of a border line case and there is no independent witness to the recovery. Reliance in this respect is placed on the cases reported as 2004 YLR 439, P.Cr.L.J. 2006 page 726 and P.Cr.L.J. 2005 page 345.
5. Consequently, this application is allowed and the accused/petitioner is admitted to bail, subject to his furnishing bail bond, in the sum of Rs, 1,00,000/- (Rs, one lac) with two sureties each in the like amount to the satisfaction of Maga/Judicial Magistrate Bannu, who shall see that the sureties are local, reliable and men of means.
Above are the reasons for my short order of even date.