In this case Salimullah Khan Ranazai counsel for the petitioner has been served. He is not in attendance. Record of the case perused.
2. Perusal of the record reveals that the petitioner has been charged in FIR No, 207 dated 13.11.2007 of Police Station Basya Khel District Bannu under the provisions of Section 9 of the Control of Narcotic Substances Act 1997.
3. The allegations in the FIR are that, Iftikhar Ali Shah SHO Police Station Basya Khel was on routine gasht; that he received a spy information that a person is engaged in selling charas. On this information he reached the scene of occurrence i,e, a road of Kothi Saadat towards the west of the Police Station and he found a person who was running having a packet in his hand. The police party chased him and recovered the plastic envelope which on checking was containing charas.
After weighment the total weight came to 500 grams. On inquiry the person so arrest5ed disclosed his name as Shah Diaz son of Muhammad Nawaz Khan resident of Kotka Khan Dawa Ghara District Bannu and so he was arrested under the provisions of Section 9 of the Control of Narcotic Substances Act 1997.
4. The petitioner submitted an application to the Sessions Judge Bannu which came up for hearing before the Additional Sessions Judge-I Bannu and who vide his order dated 20.11.2007 rejected the application of the petitioner. However he directed the prosecution to submit complete challan in Court.
5. Perusal of the record shows that the only ground prevailed for rejection of the application of the accused petitioner with the learned Additional Sessions Judge Bannu was that the Public Prosecutor presented two FIRs No, 290 dated 30.12.2006 and 38 dated 11.3.2007 showing the previous involvement of the petitioner in the commission of the offence.
6. Perusal of the record further reveals that the law in the field is Section 9 of the Control of Narcotic Substances Act under which the petitioner has been charged. The quantity of charas is 500 grams the punishment of which does not come within the prohibitory clause of Section 9 of the Act ibid and at the most carries the sentence of seven years.
7. Mere production of two FIRs against the petitioner will not disentitle him to the concession of bail as that has yet to be probed and the prosecution has to establish in those FIRs that the petitioner has committed such like offence previously. The FIRs contain only allegations which have yet to be taken to its logical end.
8. In view of the facts and circumstances of the case narrated above, I accept the application and order the release of Shah Diaz petitioner son of Muhammad Nawaz Khan, resident of Kotka Lal Khan Dawa Ghara, District Bannu on bail provided he furnishes bail bonds in the sum of Rs, 50,000/- (Rupees fifty thousands) with two sureties and a personal recognizance in the like amount to the satisfaction of Illaga/Duty Judicial Magistrate.