1. Petitioner Siraj, seeks bail in case FIR No. 1476 dated 28.10.2016, registered under Section 9(c)
2. Control of Narcotic Substances Act, 1997 ("Act"), at Police Station Pabbi, District Nowshera, wherein he is charged for trafficking of narcotics to Punjab and recovery of 4400 grams charas from secret cavities of his motorcar, by Muhammad Aslam Khan ASI on 28.10.2016 at 09.45 hours on GT road in front of Rabel Kababi Taro Chowk.
3. 2.Arguments heard and record perused.
4. 3.It appears from the record that on the same date another FIR No. 1477, has been registered against accused Abdul Khaliq and Noor ul Basar under Section 9(c) CNS, Act, 1997, on the complaint of Aslam Khan ASI, who is also complainant in the instant case, at the same Police Station. The Seizing Officer and witnesses of the recovery of this and the aforesaid case, are the same. Point "A" of the site plan would depict that besides recovery of the contraband from the motorcar, the arrest of "Mulziman" have been shown by the complainant from the motorcar, whereas in the text of the murasila, only arrest of petitioner has been shown from the vehicle.
5. This aspect of the case is yet to be explained by the prosecution during trial, however, at the moment if makes the case of the petitioner arguable for the purpose of bail. Besides, the alleged recovery has been shown effected on 28.10.2016, but till date no FSL report qua the samples allegedly separated from the same for the purpose of chemical analysis is available on file, so at this stage at least, it cannot be ascertained as to whether the alleged recovered material was Charas or otherwise. Investigation in the case is complete and the petitioner is no more required to the local police for further interrogation, hence, keeping him behind the bars would serve no useful purpose.
4. Accordingly, this petition is allowed. Accused/petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs.2,00,000/- with two local, reliable and resourceful sureties each in the like amount to the satisfaction of learned Illaqa Judicial Magistrate/MOD, concerned.