QALANDAR ALI KHAN, J.--- Khan Zeb, accused/petitioner, is seeking post arrest bail in case vide FIR No.873 dated 19.12.2017 under sections 9(c) CNSA/15 AA, registered against him and two other co- accused in Police Station, Tangi, Charsadda, on the report of Gulshed Khan, SHO Police Station, Tangi, who allegedly stopped Motorcar bearing Registration No.9292/RLA during Nakabandi on a prior tip off regarding smuggling of narcotics in the motorcar; and interrogation of the accused/petitioner, occupying the driving seat, that of co-accused Jehanzeb, occupying the front seat, and also that of Babar Khan, occupying the rear seat, leading to recovery of 3010 grams opium, along with a pistol 30 bore from the possession of co-accused, Jehanzeb.
2. The learned Additional Sessions Judge/Judge Special Court, Charsadda at Tangi, granted post arrest bail to co-accused Jehanzeb and Babar Khan; but dismissed the bail petition to the extent of the accused/petitioner, hence the instant bail petition for post arrest bail by the accused/petitioner.
3. Arguments of learned counsel for the accused/petitioner and learned AAG heard, and record perused.
4. In the absence of evidence showing the accused/petitioner as owner and driver of the vehicle; as neither he is shown as owner of the vehicle because of the fact that in the registration book one Haqnawaz is shown as the present owner, who has not been examined in the case so far in order to prove transfer of the vehicle to the accused/ petitioner; neither driving license has been recovered from the accused/ petitioner at the time of his arrest; while, allegedly, occupying the driving seat at that time; the role assigned to the accused< petitioner would be similar to that of the said two co- accused, arrested along with the accused/ petitioner in the like manner; and, as such, role of the accused/petitioner in the case would also be subject to further inquiry like the said two other co- accused already released on post arrest bail; thus making the A accused/petitioner entitled to the concession of bail. Moreover, assuming for the sake of arguments that the accused/ petitioner was present on the driving seat at the relevant time, his mere presence on the driving seat would not, prima facie, establish his involvement or his conscious knowledge regarding presence of narcotics in the motorcar, in the light of 2013 PCr.LJ 1160 (Peshawar).
5. Consequently, the application is accepted; and the accused/petitioner is admitted to post arrest bail; but subject to his furnishing bail bonds in the sum of Rs.100000/- with two sureties each, in the like amount to the satisfaction of Illaqa/Duty Judical Magistrate, Tangi (Charsadda).