Mushtaq Ahmad son of Manzoor Hussain, resident of Ward No, 4, Mohallah Rasool Abad, Muzaffar Garh, presently lodged in District Jail, Kohat, accused-petitioner, has moved this bail application, as he is involved in case FIR No, 12 dated 1.4.2007, under Section 9 (c) Control of Narcotic Substances Act, 1997, Police Station Anti Narcotics Force, Kohat.
2. Briefly narrated facts of the case as disclosed from the FIR are as under:-- On 1.4.2007, Inspector Nasir Iqbal, Police Station ANF Kohat, alongwith police posse was present at Indus Highway near Lachi Grid Station. Bus No, PRT-6649 came from Lachi side, which was stopped and from the lap of person sitting on Seat No, 23, a, small hand bag containing a pair of used male clothes and the other female clothes were recovered. A shopping bag containing `garda charas', one packet of tea (Pathi) were also recovered. The man disclosed his name as Mushtaq Ahmad son of Manzoor Hussain. On Seat No, 24, a female was sitting. She was having in her hand a shopping bag containing four packets of 'Garda charas'. The same was also recovered. She disclosed her name as Shamshad wife of Mushtaq Ahmad. On personal search of Mushtaq Ahmad, National Identity Card, Rs, 580 cash, a chit containing mobile numbers, one mobile sim and a bus ticket were recovered. The female accused herself handed over her NIC and Rs, 200/-. Four packets of `garda charas' recovered from the possession of Mushtaq Ahmad, on weighing were found 750 grams, 650 grams, 600 grams and 550 grams, total 2 K.Gs and 550 grams. Two packets of `garda charas' recovered from possession of female accused were found 650 grams each, total 2 K.Gs and 600 grams. Ten grams from each packet were separated for chemical analysis. Both the accused were arrested on the spot.
3. The petitioner submitted application for post arrest bail before Special Court (CNS) Peshawar camp Court Kohat, who after hearing the learned counsel for the parties and taking the data available on the record into consideration, rejected the bail application of the accused-petitioner, vide order 5.6.2007. It is pertinent to note that two accused, namely, Mst. Shamshad and the present petitioner were involved in the case and hence by a single order the learned Special Judge declined the prayer of both the accused for post arrest bail. However, this Court in Cr. Misc. No, 959 of 2007, granted post arrest bail to Mst. Shamshad, co-accused on 22.10.2007, hence Mushtaq Ahmad petitioner has come to this Court with the prayer for his release on bail.
4. Learned counsel for the petitioner Mr. Pir Bakhsh Mehtab, Advocate submitted that recovery of 2 K.Gs 600 grams and 2 K.Gs 550 grams `garda charas' had allegedly been effected from both the accused, namely, Mst. Shamshad and the present petitioner, respectively. Mst. Shamshad has already been released on bail, so on the principle of consistency the accused-petitioner is also entitled to the concession of bail. It was also submitted that the FSL report has been received and the investigation has been completed in this case, thus, the presence of the accused-petitioner is no longer required in this case. Reliance was placed on Inayatullah Vs. The State (2006 P.Cr.L.J. 840 and Taj Muhammad vs. The State (2006 P.Cr.L.J. 830).
5. On the other hand, Mr. Salahuddin Khan, learned counsel for the State submitted that investigation is complete and challan has been put in Court, so the accused-petitioner is riot entitled to the concession of bail.
6. I have gone through the record of the case. The accused-petitioner and Mst. Shamshad were held up by the Anti Narcotics Force police at the same time and almost equal quantity of charas was recovered from them. The co-accused has already been released on bail and the quantity recovered is, not hit by the embargo contained in Section 497 Cr.P.C. Furthermore, the investigation in the case is complete and the challan has been put in Court, so the presence of the accused- petitioner or keeping him behind the bar will not help the prosecution.
7. In view of the facts and circumstances of the case narrated above, this bail application is accepted and the accused-petitioner Mushtaq Ahmad son of Manzoor Hussain is released on bail provided he furnishes bail bonds in the sum of Rs, 2,00,000/- (two lacs) with two sureties each in the like amount to the satisfaction Judicial Illaqa/Duty Magistrate. The sureties must be local, reliable and men of means. This bail application was disposed of by a short order dated 4.3.2008 and the above are the reasons for the same.