The bail application of the petitioner was dismissed by the Court below, therefore, he has now moved instant application seeking the same relief in case FIR No, 589 dated 22.09.2017 registered under Section 9(c), CNSA of Police Station Phando, Peshawar.
2. As per contents of the FIR, police of the concerned police station received information to the effect that narcotics would be smuggled to District Nowshera through motorcycle. A motor cycle came there which was signaled to stop. The driver of the motorcycle disclosed his name as Asim Khan. The search of the motor cycle led to the recovery of 6 Kg charas garda consisting of 6 packets. Samples were taken from each packet for the purpose of chemical examination whereas the rest was sealed into a parcel. The accused was arrested and the instant case was registered against him.
3. Arguments of learned counsel for the parties heard and record perused.
4. Accused petitioner has been charged on 22.9.2017 for trafficking of narcotics which was recovered from a shopping bag tangling on the safeguard of the motorcycle. From the recovered stuff, samples were separated for the purpose of chemical analysis and were sent to the FSL laboratory on 29.9.2017. The delay of 07 days in sending the samples for analysis has not been explained. The discreption of charas as shown in the FIR was charas garda which is a soft form of charas but the report of chemical examiner shows the physical discreption of the charas as brown solid which casts shadow of doubt on the sanctity of the prosecution case. In addition to the above, no documentary proof is available on record connecting the motorcycle with the petitioner from which the recovery has been effected. The petitioner is behind the bars since his arrest and is no more required for investigation. Thus taking a tentative assessment of the available record and in view of the circumstances mentioned herein above, the case of the accused petitioner needs further probe.
5. These are the reasons for the short order even dated.