Petitioner Noshad seeks his release on bail in case FIR No, 339 dated 7.6,2012 registered for offence u/S. 9(c), CNSA at Police Station Tehkal District Peshawar on the ground that in view of the quantum of substance recovered, he is not likely to be awarded maximum sentence provided by the Statute.
2. As against that learned State counsel while opposing instant petition contended that huge quantum of narcotics has been recovered from personal possession of the petitioner, therefore, on the available record he is not entitled to the concession of bail.
Arguments heard. Record perused.
3. It is settled law that the quantum of sentence has to be commensurate with the quantum of substance recovered, hence this Court doubts the petitioner can be awarded maximum sentence for possessing 4 KGs of chars. Needless to say that the Court while hearing the petition for bail is not supposed to keep in mind the maximum sentence provided by the Statute but the one, which is likely to be entailed by the facts and circumstances of the case, especially, when the ultimate conviction, if any, can repair the wrong caused by the mistaken relief of bail.
This petition was allowed vide short order of even date and above are reasons for the same. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.