Accused-petitioner, Alamgir who is charged under Section 9 CNSA read with Section 13-Arms Ordinance vide FIR No, 198 dated 11.2.2013 Police Station, Agha Mir Jani Shah, Peshawar was refused bail by the learned Addl. Sessions Judge-XIII, Peshawar dated 26.2.2012, so he has come to this Court for the same concession.
2. The allegations against the accused-petitioner are that he was busy in selling narcotics in the thoroughfare of Mohallah Sadozai, Hazar Khawani, Peshawar who was apprehended by the local police and recovered charas weighing 170 grams. An amount of Rs, 1300/- as sale price of the contraband charas and a .30-bore pistol alongwith 15-cartridges were also recovered from his possession. Three packets each weighing one kilogram of contraband charas were also allegedly shown recovered on the pointation of the accused-petitioner from the bushes in the nearby fields and thereafter a murasila was drafted on the spot and sent to the Police Station for registration of the case where a case under the aforementioned section of law has been registered against him.
3. I have heard the learned counsel for the petitioner as well the learned State counsel and have gone through the record.
4. Perusal of the record would show that the alleged recovery of the contraband charas has been made from the accused-petitioner on 13.2.2013 which was sent to the FSL for analysis but till date the said report is still awaited therefore, it is not known that whether the alleged recovered substance is charas or otherwise. Thus, on this score alone, the accused-petitioner is entitled to the concession of bail because case of the accused-petitioner requires further probe and thus the case in hand falls within the ambit of sub-section (2) of Section 497, Cr.P.C. Section 13 Arms Ordinance is also bailable.
5. Resultantly, the application in hand is accepted and the accused-petitioner is ordered to be released on bail provided he furnishes bail bonds in the sum of Rs, 80,000/- (rupees eighty thousand) with two sureties each in the like amount to the satisfaction of Illaqa/Judicial Magistrate. The sureties are local, reliable and mean of means. The above are the reasons of my short order announced on 5.4.2013.