' QAISER RASHID KHAN, J.---Through the instant petition, the petitioner seeks bail in case F.I.R. No,381 dated 24-12-2012 registered under section 9(c) of Control of Narcotic Substances Act at Police Station Regi, Peshawar after the same concession was refused to him by the learned Additional Sessions Judge-XII/JSC, Peshawar vide order dated 19-1-2013.
2. As per facts emanating from the F.I.R., on receipt of spy information that charas would be smuggled, Lal Hameed Khan SI laid `Nakabandi', whereafter a truck was stopped for checking, the driver of which disclosed his name to be Salam Noor while the person sitting on the front seat told his name to be Zeenat Shah. The search of the vehicle led to the recovery of 40 packets from the stepny (spare tyre) of the vehicle which on weighing came to 40 kilograms, whereafter 5 grams from each of the packet were separated for the purpose of chemical examination, hence the F.I.R.
Ibid.
3. Learned counsel for the petitioner argued that the petitioner is innocent and has been falsely implicated in the case; that there is no independent and disinterested witness to support the prosecution version; that neither the recovery was effected from the personal possession of the petitioner nor at his pointation; that the co-accused has already been enlarged on bail, therefore, the petitioner is also entitled to the same concession.
4. The learned D.A.G on his turn strongly resisted the bail petition of the petitioner and argued the case on almost the same grounds a detailed in the impugned order.
5. Arguments heard and record perused.
6. As the record reveals, it was on prior information that charas was to be smuggled, when the complainant along with police force laid a `Nakabandr, where after a truck which was driven by the petitioner was stopped and the stepny (spare tyre) of the vehicle led to the recovery of a huge quantity of 40 kilograms of charas. Feigning ignorance and pleading innocence by the petitioner regarding the contraband charas is of little consequence. The driver of the vehicle is supposed to be custodian of the same. Thus merely shrugging off the shoulders by the petitioner that he had no conscious knowledge of what, was there in the stepny of the vehicle is a self-defeating argument.
Narco-trade has become a lucrative business and when its one trip can fetch millions of rupees to a person, then many people have fallen prey to such temptation and the petitioner prima facie appears to be no exception. The report of IB the F.S.L. In respect of all the samples is in the affirmative. The case of the petitioner is distinguishable from that of his co-accused and in the bail granting order it was held that he being not the driver of the vehicle cannot be saddled with the responsibility of possession of the contraband recovered from the stepny of the vehicle.
7. Taking a tentative assessm ent of the available record, the accused/petitioner is prima facie connected with the commission of offence and is thus not entitled to the concession of bail.
8. For the reasons mentioned above, the instant bail petition being bereft of any merit is hereby dismissed.
9. Any observations made in the order being tentative in nature should in no way prejudice the proceedings before the learned trial Court.