' EJAZ AFZAL KHAN, J.---The petitioner who is charged in a case registered against him and two others under section 9(c) CNSA r/w Articles 3/4 of Prohibition (Enforcement of Hadd) Order, 1979 vide F.I.R. No,555, dated 27-5-2009 in Police Station Cantt: Abbottabad, seeks his release on bail on the ground that in the absence of any direct evidence on the record, the incriminating substance recovered from the vehicle, he was driving at the time of occurrence, cannot be fastened on him and that his co-accused who are similarly placed and positioned have since been released on bail.
2. As against that Mr. Munir Ahmed Bhatti Advocate appearing on behalf of State argues that the driver being custodian of the vehicle cannot be heard saying that he was not in conscious possession of the incriminating substance recovered from the vehicle and that he being prima facie connected with a crime attracting prohibitory clause does not deserve concession of bail that too when the menace of narcotics is likely to envelop the entire society in its fold like a wild fire, if not checked with sternness.
3. I have gone through the record and considered the submissions made at the Bar.
4. When petitioner after seeing the police made no effort to decamp from the scene of occurrence and one of the co-accused not only tried but succeeded in making his escape good from the spot; the question whether petitioner can be saddled with conscious possession of the incriminating substance recovered from the vehicle in cartons is one calling for further enquiry. The fact that petitioner has been in jail for almost four months and yet commencement of his trial let alone its conclusion is not in sight would also add in favour of bail rather than jail. Even attraction of prohibitory clause would be doubtful in this case when the petitioner is likely to be awarded the maximum sentence provided by the statute for possession 5 k.g. Of charas as it is too settled that the quantum of sentence always invariably follows the quantum of substance recovered.
5. For the reasons discussed above, this petition is allowed and it is directed that the petitioner be released on bail if he furnishes bail bonds in the sum of Rs,1,00,000 (Rupees One lac) with two sureties each in the like amount to the satisfaction of learned trial Court, who shall ensure that the sureties are local, reliable and men of means.