' MUHAMMAD RAZA KHAN, C.J.--- The petitioner has been charged for an offence under section 9 C.N.S.A. Vide F.I.R No,436 dated 16-6-2008 of Police Station Pishtakhara Peshawar. He has been intercepted by the police on prior information and 3 Kgs Charas was recovered from shopping bag held by him. He seeks his release on bail which has been declined by the learned Additional Sessions Judge on 27-6-2008.
2. I have listened to the learned counsel for the petitioner and the State and examined the record.
3. The argument with regard to the non-association of the private witnesses despite prior information has no force because section 103, Cr.P.C. Has been excluded by the C.N.S.A. The same principle would not be applicable even for the involvement of the informer because the people may furnish spy information, but may not dare to be cited as witnesses against drug traffickers.
Similarly the arguments with regard to the initial action of raid, recovery and arrest by an A.S.-1.
Does not hold much weight although it was desirable that the legally authorized officer should have conducted the raid on proper information. However, some of the arguments are relevant and forceful like the lack of logic in the presence of the petitioner in front of the alleged shop along with the contraband for the sale of narcotics to the potential clients, non-mentioning of the shop in the site-plan rather the failure of the Investigating Officer to prepare the site-plan and the failure to recover the sale proceeds and the scale and weight for the purpose of retail sale of Charas are some of the major defects in the investigation process. Above all the F.I.R. Contains an allegation that three slabs of Charas were recovered and sample of 5 grams for chemical analysis was obtained from each of the slab and a total of 15 grams comprising of 3 samples were forwarded to the F.S.L., whereas the F.S.L. Has received only 5 grams of narcotics comprising of 3 samples which, at the most, means that only 1 Kg. Charas has been recovered from the possession of the petitioner. Thus the gravity of the offence is diluted at least to the extent of tentative assessment at bail stage.
4. Keeping in view the punishment likely to be imposed on the petitioner at the conclusion of trial, this can be considered appropriate case for release of the petitioner on bail. The application is, therefore, accepted and the petitioner is admitted to bail in the sum of Rs,2,00,000 (two lacs) with two sureties each in the like amount to the satisfaction of the trial Court.