' SHAH. JEHAN KHAN AKHUNDZADA, ,J. .---Accused-petitioner, Mukhtiar son of Zaman Khan who is charged under section 9(b) C.N.S.A. Vide. F.I.R. No,655, dated 7-9-2012, Police Station, Risal Pur District Nowshera was refused bail by the learnk two Courts below and now he has approached this Court for his release on bail.
2. At the very Outset, learrned counsel for the petitioner contended at the bar that no 'recovery in the' shape of contraband charas has been effected from the accused-petitioner. Moreover, though the S.H.O. Complainant in this case had prior information as per his own assertion that accused is a notorious drug peddler but even then he has not obtained any search Warrant from any court of competent jurisdiction/Special Court in this regard authorizing him to seize the contraband or search the accused-petitioner. He also contended that FSL report is still awaited therefore, it is not known that whether the alleged recovered substance is charas or otherwise. So, according to him reasonable grounds do exist to suggest that-the case of the accused-petitioner requires further probe.
3. Learned counsel for the State warmly opposed this bail petition and contended that there appears reasonable grounds for believing that accused is connected with the offence charged with, punishment for which is life imprisonment and as such case of accused-petitioner falls within the ambit of prohibitory clause of section 497, Cr.P.C.
4. Since the alleged recovery has not been recovered from the direct possession A of accused- petitioner and FSL report in respect of the alleged recovered substances-is still awaited. Hence, reasonable grounds do exist to suggest .That case of accused-petitioner require further probe and as such the case of the accused-petitioner falls within the ambit of subsection (2) of section 497, Cr.P.C. Which entitles him to be given concession of bail.
5. Consequently, this bail application is accepted and the accused-petitioner (Mukhtiar son of Zaman Khan) is directed to be released on bail on furnishing bail bonds in the sum of Rs,1,00,000 (rupees one lac) with two sureties in the like amount to the satisfaction of learned Sessions Judge, Nowshera, who shall ensure that the sureties are local, reliable and men of means.