' SHAH JEHAN KHAN, J.--- Shamsur Rehman alias Shamsay accused-petitioner who is under arrest in case under section 9(c), Control of Narcotic Substances Act, 1997 registered at Police Station Urmar District Peshawar vide F.I.R No,147, dated 1-5-2007, was refused bail by the learned Additional Sessions Judge-XI, Peshawar vide his order, dated 30-8-2007. Now the petitioner has approached this Court for the said relief.
2. Short facts of the prosecution case are that on 1-5-2007 at 1530 hours Syed Manzoor Ali Shah S.H.O P.S. Urmar along with other police contingent during the raid at village Urmar Payan received information that narcotics dealer Shamsur Rehman alias Shamsay, who was wanted to the police in case F.I.R No,236 dated 26-9-2006, F.I.R No,18, dated 13-1-2007 and F.I.R No,72 dated 20-3-2007,- is selling Charas in the Datsun bearing Registration No,9045-M/N.-W.F.P. On the pointation of the informer, the said Datsun in which the said Proclaimed Offender was sitting in the front seat was signaled to stop but on seeing the police party, he escaped from the spot. On searching the said Datsun the police recovered Charas weighing 9 kilograms from beneath the front seat. The S.H.O took into possession the above vehicle along with scales. Out of the recovered contraband Charas, ten grams were separated for analysis through F.S.L. While the remaining stuff was sealed into separate parcel.
3. I have heard the learned counsel for the petitioner as well as the learned Additional Advocate General for the State and have gone through the record of the case.
4. Without going into deep merits of the case, suffice it to say that the alleged recovery of the contraband Charas was effected from the Datsun in the broad day light but the accused- petitioner, who is stated to be dealing with narcotics, fled away on seeing the police party. Since the recovery was not effected from the immediate possession of the petitioner and the allegation against him is not supported through an independent evidence. Though the petitioner was allegedly seated on the front seat of the vehicle, but who was driving the vehicle, is not clear from the contents of the F.I.R and if some driver was seated on the 'driver seat why he was not taken into custody. In these circumstances the case of the accused-petitioner is that of further inquiry.
5. Resultantly, this bail application is accepted and the accused-petitioner is allowed bail provided he furnishes bail bond in the sum of Rs,1,00,000 (Rupees One Lac) 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 12-10-2007.