Having been involved in case FIR No, 562 dated .6.6.2011 registered u/S. 9 (c) CNSA 1997 at PS Tangi the petitioner seeks bail through this application.
2. Briefly the contents of the FIR are that Ishan Shah SHO under the supervision of Shahid Khan and Sardar Bahader Khan DSPs and the other police staff raided the shop of Latif son of unknown resident of Para Chinar and during search of Almirah took into possession 4 packets of Charas weighing 4000 grams.
3. Learned counsel for the petitioner contends that no recovery whatsoever was effected from the accused-petitioner and that it has not been proved by the prosecution that the shop in question wherefrom Charas was recovered belongs to the accused-petitioner and she further contended that the accused is behind the bars since 8.7.2011 and complete challan has not been submitted before the Court.
4. On the other hand Miss Sabiha Iqbal learned State .counsel opposed the grant of bail contending that a huge quantity was recovered from the shop owned by the accused-petitioner and that the challan is complete and the trial is likely to commence within a short period.
5. I have heard the arguments of both the learned counsel for the parties and perused the record.
6. There is no evidence on record to show that the shop in question wherefrom the recovery of Charas was made belongs to the accused. Neither any revenue record was obtained nor the statement of any co-villager was recorded by the I.O. so as to prove that the shop in question wherefrom the recovery of charas was made belongs to the accused-petitioner. Moreover, the accused was arrested on 8.7.2011 but even then till now the challan has not been submitted in the Court. It is yet to be determined after adducing evidence at trial as to whether the accused was the actual owner of the shop wherefrom Charas in question was recovered. As investigation in the case is complete and the accused is no more required for further investigation. Hence Without going deep into the merits of the case I allow this application and grant bail to the accused- petitioner provided he furnishes bail bonds in the sum of Rs, 2 lac with two sureties each in the like amount to the satisfaction of the Illaqa/Judicial Magistrate.