Iftikhar Khan son of Tamash Khan, seeks his post arrest bail in case FIR No, 11 dated 1.10.2014, for offence chargeable under Section 9(b) of Control of Narcotic Substances Act, 1997 ("CNSA"), registered in Police Station, Anti Narcotic Force, Peshawar, ("FIR").
2. Brief and essential facts of the case, according to the FIR, are that the highups of the Anti- Narcotics Force, Peshawar, received information of smuggling of narcotics, therefore, secret surveillance were conducted at the place of occurrence; that the petitioner coming on foot from Karkhano Market side towards Peshawar, having a black shopping bag in his hand, was overpowered with the help of members of the raiding .Party, who disclosed his identity to be Iftikhar Khan son of Tamash Khan. On opening of the shopping bag, a yellow colour tape wrapped envelope having heroin weighing one Kilogram, was found. A sample of ten grams was sent to FSL for chemical examination and the remaining was sealed into a parcel.
3. Lest this Court passes any findings, which may prejudice the case of the parties during trial, suffice it to state that though the offence is not bailable under Section 51 of the CNSA but, keeping in view the quantity of recovered contraband, the petitioner is not likely to get maximum punishment provided in the Statute because the quantum of sentence has to commensurate with the quantum of substance recovered, if case against him is proved at the trial. There is also no evidence on record that petitioner is a previous convict or involved in similar cases. Moreover, since this Court in Cr.Misc.No, 524-P/2014 decided on 9.5.2014, has already granted bail in 1200 grams heroin to the petitioner herein, therefore, this Court also follows the same.
4. Before parting, this Court finds it necessary to remind the trial Court that the observations rendered by the High Court while disposing bail applications are not to be considered during the trial of the accused. In this regard the august Supreme Court of Pakistan in Shuaib Mahmood Butt Vs. Iftekharul Haq (1996 SCMR 1854) has rendered clear guidance, which is to the effect that: "However, we would like to point out in no certain terms that the observations made by the High Court in the orders granting bail and by us in this order are confined to tentative assessment made for the purpose of disposal of bail applications and not intended to influence the mind of the trial Court, which free to appraise the evidence strictly according to its merits and the law at the time of disposal of the case, which of course it is needless to say, is the function of the trial Court."
5. In view of this Court judgment delivered in Cr. Misc. No, 524-P/2014 (Ayaz Muhammad vs. The State), this petition is accepted and the accused-petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs, 200,000/- (two lac) with two sureties, each in the like amount to the satisfaction of Illaqa/Duty Judicial Magistrate, who shall ensure that the sureties must be local, reliable and men of means.