ROOH-UL-AMIN KHAN, J.---Ashiq, the petitioner, seeks bail in case FIR No.10 dated 21.01.2017, registered under section 9(c), Control of Narcotic Substances Act, 1997 in Police Station ANF, Peshawar.
2. As per contents of FIR, allegations against the petitioner are that on 21.01.2017 at 11.00 hours, near motorway Toll Plaza Peshawar, when Abid Usman Inspector ANF along with other ANF officials, intercepted a passengers' vehicle Hiace bearing registration No.LES.4644 and asked about a suspected gas heater lying near the petitioner's seat, the petitioner claimed its ownership and on cursory interrogation disclosed about concealment of narcotics in it. Resultantly, the ANF officials recovered 04 packets charas, each weighing one Kilogram, making the total of 04 Kilograms from the said heater. From each packet 10/10 grams were separated for the purpose of chemical analysis by the FSL. The petitioner was arrested, hence, this case.
3. Having heard the arguments of learned counsel for the parties, it appears from the record that the alleged recovery has not been effected from direct/personal possession of the petitioner rather from a gas heater. In absence of recovery of travelling ticket of the petitioner in the said vehicle, statements of driver, conductor, and any passenger as well as any proof qua the ownership of the heater, the nexus of the petitioner with the alleged recovered narcotics is yet to be determined during trial after recording evidence, however, at the moment these circumstances require further probe into the guilt of the petitioner, hence, he is entitled to the concession of bail.
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