' Petitioner Syed Daud Shah s/o Syed Noor Muhammad Shah r/o Matta Mughal Khel, Mohallah Pir Sahib Qilla, District Charsadda who is involved in case registered vide FIR No, 13 dated 02.11.2014 under Section 9-C Control of Narcotics Substances Act, 1997, Police Station ANF, RD, Peshawar seeks his release on bail mainly on the ground that according to the contents of FIR 6500 gram chars garda was recovered from his alleged possession. The chars garda is also mentioned in recovery memo. Sample of chars garda was sent to Forensic Science Laboratory but the FSL report is regarding chars Pukhta. This fact lead the case of petitioner to one of further inquiry, that whether the report of Forensic Science Laboratory is with regard to the contraband allegedly recovered from petitioner. He placed reliance on (2012 SCM R 573), (2013 YLR Peshawar 1120) and (2007 YLR Peshawar 1822). It is further contended that chars garda is not" "chars" in its entirety and always subject to baking and chemical process. After this process the quantity is always substantially reduced. In this respect he relied on (2007 YLR 836).
2. Learned State counsel opposed the bail petition on the ground that petitioner is directly charge in the case falls within the prohibitory clause. He was apprehended red-handed and huge quantity of chars was recovered from his immediate possession. The Forensic Science Laboratory report is in positive, that the question of false involvement does not arise as the witnesses have no grudges with him; therefore, he is not entitled to the concession of bail.
3. I have gone through the record carefully and considered to be submission made by learned counsel for the parties.
4. Since at present there is contradiction in respect of shape of the contraband that whether chars garda was recovered or chars Pukhta as in Murasila and recovery memo. Chars garda is mentioned, while in Forensic Science Laboratory report chars Pukhta is given; therefore, without entering into the merit of the case, as the quantum of sentence has to be commensurate with the quantum of substance recovered, I doubt that the petitioner can be awarded maximum sentence provided by statute. Needless to say that the Court while hearing, petition for bail is not to keep in view the maximum sentence provided by the statute but the one which is likely to be entailed in the facts and circumstances of the case. If during trial it is proved that chars garda is recovered then as hold by Superior Court that it is not chars in its entirely and is always subject to baking and chemical process and after the chemical process the quantity has been reduced. Record is silent in respect of previous involvement of petitioner in such like case, investigation in the case is complete and he is no more required to I.O. All these facts tilt the scales of justice in favour of bail rather than jail.
5. Thus application is allowed and he is admitted to bail if he furnishes bail bonds to the tune of Rs, 4,00,000/- with two sureties each in the like amount to the satisfaction of Judicial Magistrate.