' Accused/petitioner involved in case FIR No, 26 dated 3.3.2016 under Section 9(c), 14, 15 CNSA of Police Station ANF, Peshawar was refused bail by the learned lower Court vide its order dated 25.3.2016. He has moved this further application through his counsel for his release on bail.
2. The facts of the instant petition as reflected from the record are that on 3.3.2016, Muhammad Aslam Inspector to PS ANF Peshawar on the information regarding transportation of huge quantity of narcotics by Samandar Khan of Bhakkar to Punjab in a car Bearing No, MN-12/1666 via motorway fenced the road near Rashakai interchange, when in the meanwhile, the vehicle already spotted to them emerged, which was signaled and stopped. On query, driver of the vehicle disclosed his name as Samandar Khan. He was alighted fram the car and on cursory interrogation, he made disclosure about the presence of narcotics concealed in the secret cavities of the car/vehicle. He further disclosed that owner of narcotics is Muhammadullah and it was in that backdrop that on his plantation the ANF Force proceeded to his house. On knocking of the door of the house of Muhammadullah, a youngster came out and during the interrogation, he disclosed that his father Muhammadullah had gone out of home along with guest. On his plantation charas weighing 03- Kgs and heroin weighing 600 grams were recovered from the bedroom of his father. On arrest of the accused, Samandar khan and Kamran, the seizing officer prepared the recovery memo. And recorded the murasila which was dispatched to the PS concerned where on the basis of which FIR referred to earlier was registered against accused Samandar Khan, Kamran and his father Muhammadullah.
' Arguments heard and record perused.
3. In this case, as is evident from the record when accused Samandar Khan was arrested by the ANF, he made disclosure about the presence of narcotics in the car which he was driving. At the same time, he stated that the narcotics is owned by Muhammadullah and it was in that background that on his pointation, the ANF proceeded to the house of Muhammadullah who was not present in his house, however, his son Kamran (the petitioner/accused) was found present and on his pigmentation charas weighing 03-Kgs and heroin weighing 600 grams were recovered from the bedroom of his father Muhammadullah.
' So far as accused Kamran is concerned, during the investigation of the case, he disclosed that he is residing near Bilal Masjid Afridi Road, Badhaber, whereas his father who has contracted a second marriage is residing in the crime house. He has stated about the running of narcotics business by his father, but denied his involvement in the business, as according to him, on the day of occurrence, he was called by his father to come to his house because of visit of a guest from Punjab as he has to go with him. Learned counsel for the petitioner has also placed on record copy of the rent deed alongwith other allied documents showing that the house where from charms was recovered at the instance of Kamran is rented with his father Muhammadullah. Principal accused Samandar Khan, during the investigation has also stated about Muhammadullah.
In the attending circumstances of the case to see as to whether accused/petitioner Kamran has got any nexus with the charas weighing 03-Kgs and heroin weighing 600 grams recovered from the bedroom of his father accused Muhammadullah is the question which could be resolved during the trial i.e, after recording evidence.
4. In view of the above, the petition for the grant of bail is allowed, resultant, accused/petitioner (Kamran) is directed to be released on bail on furnishing bail bonds amounting to Rs, 1,00,000/- (rupees one lac) with two sureties in the like amount to the satisfaction of Additional Registrar (Judicial) of this Court, who shall ensure that the sureties are local, reliable and men of means.