Accused-petitioner Zareen Khan facing prosecution in case FIR No, 703 dated 28/05/2013 under Section .9(c) Control of Narcotic Substances Act, 1997 registered at Police Station, Kalu Khan District Swabi was refused bail by the learned Additional Sessions Judge-III, . Swabi vide his order dated 05/06/2013. Now he has approached this Court for his release on bail.
2. The prosecution case as per contents of the Murasila is that accused-petitioner Zarin Khan during interrogating in case FIR No, 573 dated 02/05/2013 under Section 9(c) C.N.S.A. registered at Police Station, Kalu Khan, while in police custody admitted that he is not dealing with narcotics business in Pakistan but smuggle it to foreign country and at present one Packet of heroin is lying in his Hujra for smuggling it to foreign country. Thus the local police took him to his Hujra duly handcuffed and there on his pointation, the local police recovered one packet of heroin weighing 1000 grams lying in a room and took the same into possession. Saleem Khan Sub inspector complainant weighed the said recovered narcotic substance and found it to be one kilogram. Out of recovered heroin, he separated one gram for analysis through FSL and packed and sealed the remaining 999 grams into separate parcel and then to this effect he drafted Murasila and sent it to the Police Station concerned for the registration of case on the basis of which FIR No, 703 dated 28/05/2013 under Section 9(c) CNSA was registered in Police Station, Kalu Khan District Swabi.
3. I have heard the learned counsel for the accused-petitioner and learned counsel for the State and have also gone through the record of the case.
4. Without dilating upon the merits of the case which may not prejudice the case of either side, suffice it to say that a quantity of 1000' grams of heroin was alleged to have been recovered from, the Hujra of the accused-petitioner, therefore, his case falls within the ambit of clause (b) of Section 9 CNSA, entailing punishment up to seven years and fine also. In this view of the matter the offence with which accused-petitioner is charged comes out of the prohibitory clause of Section 497, Cr.P.C. where grant of bail is a rule and refusal thereof is an exception. Moreover, investigation in the case against the accused-petitioner is complete and he is no more required to the police for further investigation. Furthermore the alleged recovery of contraband heroin has been recovered on 28/05/2013 and the samples separated from it for analysis were sent to FSL on the same day but according to the prosecution the FSL report is still awaited. Non-availability of FSL report in respect of the contraband allegedly recovered also makes the case of the accused-petitioner arguable for the purpose of ball on this score too, because there is no proof whether the contraband is heroin or otherwise. Therefore, on this ground too, case of the accused-petitioner also requires further probe and as such his case also falls within the ambit of sub-section (2) of Section 497, Cr.P.C. which entitles him to be given concession of bail. (2001 SCMR 165) and (2012 YLR 2001 Peshawar) referred to.
5. Resultantly, this bail application is accepted and the accused-petitioner is released on bail provided he furnishes bail bond in the sum of Rs,1,00,000/- (Rupees One lac) with two sureties each in the like amount to the satisfaction of learned Illaqa Judicial Magistrate. The sureties must be local, reliable and men of means.
The above are the reasons of my short order announced on 20/06/2013.