Petitioner , Saida Gul son of Mira Khan, seeks bail in case FIR No. 160 dated 4.3.2019 under Section 9(c) Control of Narcotic Substances Act, 1997 register ed at Police Station Badhber , Peshawar . He has been refused bail by the learned Additional Sessions Judge-IX/Ju dge Special Court, Peshawar vide order dated 16.03.2019; hence, the instant petition for the same purpose.
2. As per contents of F.I.R., the local police of PS Badhber , Peshawar , on spy information, made nakabandi at the place of occurrence and in the meanwhile, motorcar No. YE-034 coming from Darra Adam Khel side was stopped for the purpose of checking. The driver disclosed his name as Abdur Rehman son Fazal Rehman while the person sitting on front seat disclosed his name as Saida Gul son of Mira Khan (petitioner ). The search of motorcar led to recovery of ten packets of heroin powder (1000 grams each) in toto 10 Kgs and ten packets of heroin in small pieces in shape of Ice (1000 grams each) in toto 10 Kgs from its secret cavities. The accused was arrested on the spot and a case under the above Section of law was registered against him.
3. Arguments heard and record perused.
4. Perusal of the record would reveal that the alleged contraband, was recovered from secret cavities of the motorcar , which, at the relevant time, was being driven by the co-accused Abdur Rehman while the present petitioner was sitting with him on the front seat, thus, the prosecution has yet to prove that the petitioner had any link with the co-accused or not? Moreover , the alleged contraband has not been recovered from the direct possession of petitioner and the factum of his conscious knowledge has also yet to be determined at the trial after recording evidence. There is also nothin g on record that petitioner is a previous convict or involved in such like cases. Petitioner is behind the bars since his arrest. Investigation in the case is complete and the petitioner is no more required for further investigation and keeping him behind the bars would serve no useful purpose. Therefore, keeping in view the above facts and circu mstances of the case, this Court is inclin ed to extend the concession of bail to the petitioner .
5. Consequently , this bail application is allowed and accused-petitioner is admitted to bail provided he furnishes bail bond in the sum of Rs. 10,00,000/- (Rs. Ten Lacs) with two sureties each in the like amount to the satisfaction of learned trial Court, who shall ensure that the sureties are local, reliable and men of means.
6. Above are the reasons of my short order of even date.