' IKRAMULLAH KHAN, J.---Petitioners, Ishaq Ali Shah son of Riaz and Bilal son of Muhammad Ayub, seek their release on bail in case F.I.R. No. 409 dated 7-7-2014 registered under section 9(c), Control of Narcotics Substances Act, 1997 - 3/4, P.O./6, G.O., at Police Station Gulabahar, Peshawar.
2. The allegations against the present petitioners as per contents of F.I.R. Are that, on spy information regarding gambling in the hujra of accused/petitioner Ishaq Ali Shah/place of occurrence, the local police conducted raid, the persons on seeing the police party, fled away from the spot, while the police recovered 20 bottles of local vine, 3 Kgs charas, playing cards as well as Rs.5,000 from a room in the said hujra, hence the present case and F.I.R. Was registered against the accused/petitioners.
3. I heard both the learned counsel for petitioner and law officer for State and have carefully gone through the record.
4. Perusal of record reveals that, admittedly, neither the petitioners were arrested on the spot nor anything incriminating articles were recovered from their possession or their pointation. Whether the place of occurrence as alleged in the F.I.R., belongs to the accused/petitioner Ishaq Ali Shah or otherwise, it would be determined during the trial after recording evidence by the trial Court.
Moreover, none of the offences, with which the accused/petitioners are charged, carries punishment of 10 years, were not hit by the restrictive clause of section 497, Cr.P.C.
5. For the reasons given herein above, this petition for bail is allowed and the petitioners be released on bail provided each of them furnishes bail bonds in the sum of Rs. 50,000 ( Fifty Thousand) with two sureties each in the like amount to the satisfaction of the learned trial Court/Ilaqa Judicial Magistrate, who shall ensure that the sureties are local, reliable and men of means.