Petitioners Zohaib Taimoor and Bahadur facing the charge in case FIR No, 508 dated 23/05/2013 registered at Police Station, Charsadda under Section 9(c) Control of Narcotic Substances Act, 1997 were refused bail by the learned Additional Sessions Judge-I, Charsadda vide his order dated 30/05/2013. Now they have moved this petition for their release on bail.
2. The brief facts of the case are that on 23/05/2013 at 18.00 hours Tauheed Khan SHO alongwith police contingents was present at Sardaryab Check Post Naqabandi, when a Motor Car bearing Registration No, 8663/MNM came from Peshawar which was stopped. The driver disclosed his name as Zohaib Taimoor while the young boy sitting on the front seat disclosed his name as Bahadur. Cursory interrogation of both the above mentioned persons led to the recovery of three packets each containing 1000/1000 grams of Charas (total three kilograms) at their pointation by the above said SHO. Out of the total Charas, 5/5 grams were separated for analysis through FSL and the remaining was sealed into separate parcel. The accused-petitioners were arrested on the spot and a Murasila to this effect was drafted and sent to the Police Station concerned for registration of the case where on the basis of it FIR No, 508 was registered against them under the aforesaid Section of law.
3. Learned counsel for the petitioners contended that no recovery of contraband Charas was made from the personal and immediate possession of the accused-petitioners but the same was alleged to have been recovered from the vehicle. He further submitted that the accused- petitioners are neither previous convict nor involved in such like offence and this Court in similar cases has consistently allowed bail to accused keeping in view the quantity of contraband recovered, therefore, the petitioners are also entitled to the concession of bail.
4. Learned State counsel opposed the bail to the petitioner on the ground that three Kilograms Charas has been recovered from the immediate possession of the petitioners and FSL report in respect of the contraband is also in positive, therefore, the petitioners are not entitled to the concession of bail as the offence is covered by the prohibitory clause of Section 497, Cr.P.C.
5. After hearing the learned counsel for the parties and going through the record of the case I find that it is the consistent view of this Court that for the purpose of bail in such like offences the quantity of contraband and the expected quantum of punishment, to be awarded at the trial has to be taken into account while allowing bail to the accused persons. As punishment for contraband of less than ten kilograms is up to fourteen years, therefore, keeping in view the recovered contraband there is no likelihood that accused-petitioners be awarded maximum punishment, and there is every possibility that they in case of proof against them beyond any doubt" may be given punishment not more than three years. Moreover the petitioner have joined investigation and now the SHO concerned has submitted complete challan in this case, hence they are no more required to the Investigating Agency. They are also neither previous convict nor involved in such like offences. So in view of the above settled principles laid down by this Court in plethora of judgments, case of the accused-petitioners is arguable for the purpose of bail.
6. Resultantly, this bail application is accepted and the accused-petitioners are directed to be released on bail proved each of them 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 Illaqa/Judicial Magistrate who shall see that the sureties must be local, reliable and men of means.