' DOST MUHAMMAD KHAN, CJ-Petitioner, Noor Khan, is seeking hail in case F.I.R. No,321 dated 1-6-2012 registered for crime under section 9(c) CNS Act by. Police Station Toru (Mardan) because on the fateful at 14-30 hours he was apprehended by Ibrahim Shah Khan. S.H.O. Police Station Toru when he was carrying in his trouser fold 3600 grams of chars.
' Arguments heard and record perused.
2. Learned counsel for the petitioner produced judgment of this Court dated 1-8-2011 where bail was granted to the accused-petitioner charged for offence under section 9(c), CNS Act almost for similar quantity of narcotics.
3. The learned State Counsel conceded that there is no past criminal history of the petitioner as neither he was previously booked for such crime nor has been convicted.
4. The question arises is whether he. Would be awarded the maximum sentence provided in section 9(c) C.N.S. Act or the trial Court would opt for the lesser one, hence, it is a borderline case, the benefit of which shall go to the accused-petitioner.
' Accordingly, this petition for bail is allowed and the petitioner is directed to be released on bail provided he furnishes bail bond in the sum of rupees one lac (Rs,1.00,000) with two sureties each in the like amount to the satisfaction of Illaqa/Judicial Magistrate, who shall ensure that the sureties are local, reliable and men of means.