' Petitioner Ali Asghar seeks his release on bail in case FIR No, 462, dated 26.10.2014 registered under Sections 9(c) Control of Narcotics Substances Act, 1997 at Police Station Toru, District Mardan.
2. Facts of the prosecution case as reflected in the FIR are that the local police of P.S.Toru, Mardan was busy in routine checking of vehicles on the main road, when a Motor Car from Nowshera Mardan Road side came there which was driven by Riyazuddin and another person Ali Asghar was sitting on its front seat. Search of the secret cavities of the said car, resulted into recovery of chars weighing 60 Kg. Accordingly, both the accused, named above, were arrested and a case, vide FIR referred to above, was registered against them.
3. I have heard arguments of learned counsel for the petitioner and learned Asstt. A.G. For State and have also gone through the record with their valuable assistance.
4. As per record, 60 Kg chars, concealed in secret cavities of the vehicle has been recovered from the vehicle driven by co-accused Riyazuddin while the petitioner was sitting on its front seat. It is case of the petitioner that he was just sitting in the vehicle having no knowledge about presence of narcotics in the vehicle in question. Since co-accused Riyazuddin being driver, was in control of said vehicle, therefore, case of petitioner requires further enquiry into his guilt because his conscious knowledge about presence of narcotics in the vehicle in question is yet to be established by the prosecution at the trial. Thus, his bail application is allowed and he is directed to be released on bail provided he furnishes bail bonds in the sum of Rs,2,00,000/- with two sureties each in the like amount to the satisfaction of the Illaqa/Judicial Magistrate who shall ensure that the sureties are local, reliable and men of means.