' SHAH JEHAN KHAN, J.--- The petitioner Sartaj facing the charge under section 9 Control of Narcotic Substances Act, 1997 read with section 13, Arms Ordinance vide F.I.R. No,155, dated 15-5-2007 registered at Police Station Urmar, District Peshawar was refused bail in the lower Court, hence this petitioner.
2. The contents of the reveals that there was a complaint that one Sartaj son of Mehmood resident of Urmar Payan is dealing in narcotics business in his house and recently he brought Charas from tribal area and stocked it in the house. On the above complaint, Badruz Zaman Khan S.H.O along with the police contingent, .After obtaining search warrant from the Court of Judicial Magistrate, on 15-5-2007 raided the house of the said Sartaj where he was overpowered when decamping from the scene through the stairs of his house and found in his possession a plastic bag which on search led the recovery of Charas Garda weighing one kilogram and Charas Pukhta weighing 3 kilograms, out of which five/five grams were separated for analysis through F.S.L and the remaining was separately sealed. On further search of the house one .30 bore Pistol bearing No,B-5688 was also recovered from the residential room of the accused. The petitioner was arrested at the spot and a case was registered against him under the above section of law.
3. I have heard the learned counsel for the petitioner as well as the learned Additional Advocate General for the State and perused the record.
4. From the person of the accused-petitioner while escaping through stairs of his house, a plastic bag containing one kilogram Garda Charas and 3 slabs weighing three kilograms Pukhta Charas were recovered out of which 5/5 grams were separated for analysis through F.S.L. And sealed into four different parcels and the remaining stuff was separately sealed. The recovery of contraband Charas were effected on 15-5-2007 and the samples were allegedly sent to F.S.L on 21-5-2007.
Astonishingly the Laboratory has reported that all the four parcels of samples separated from the whole contraband Charas were found Charas and none of the parcel was found containing Charas Garda. The report of F. S. L is seriously doubtful as to whether the parcel sent to F. S. L was in fact the sample of alleged contraband material recovered from the person of the petitioner or these parcels were regarding some other material lying in the police station which makes the case of the petitioner one of further inquiry under sub-section (2), of section 497, Cr.P.C. Entitling him for the concession of bail.
5. Resultantly, this bail application is accepted and the accused-petitioner is ordered to be released on bail provided he furnishes bail bond in the sum of Rs,1,00,000 with two sureties each in the like amount to the satisfaction of Illaqa/Duty Judicial Magistrate. The above are the reasons of my short order announced on 17-9-2007.