MUHAMMAD NAEEM ANWAR, J.---On their failure to obtain bail from the court below, Nasir Aziz and Abid Ali, the petitioners, who are accused in case FIR No. 160 dated 16.12.2019 under section 9(c) CNSA of Police Station, R.D. ANF, Peshawar, have come to this Court for their release on bail.
2. The case of prosecution is that on 16.12.2019. Inspector Sagheem Gilani along with other ANF staff, on prior information, had made 'nakabandi'. near Motorway Bridge, when at 22.45 hours, the spotted motorcar came which was stopped. The driver of the motorcar disclosed his name as Nadeem Ahmad, while the person sitting in its front seat disclosed his name as Nasir Aziz whereas the person sitting in the rear seat disclosed his name Abid Ali. During checking, from the 'degi' of the motor, eleven packets, each containing 1000 grams heroin, total weighing eleven k.gs heroin, was recovered and, as such, the above referred FIR was registered against all the three accused.
3. Arguments heard and record perused.
4. Admittedly and, as is evident from the available record that nothing has been recovered from the direct possession of the accused-petitioners rather the recovery has been effected from the 'degi' of the motorcar, which at the relevant time was driven by co-accused, namely, Nadeem Ahmad, while they (both the petitioners) were sitting in its front as well as rear seat. There is nothing on the record which could show that either they were having conscious knowledge of the narcotics placed in the 'degi' of the vehicle or previously involved/convicted in such like cases. Whether the accused-petitioners were having conscious knowledge with regard to the narcotics placed in 'degi' of the vehicle in which they were sitting, is the question which is to be determined by the trial Court after recording the evidence. No doubt huge quantity of stuff has been recovered from the car in which they both were sitting and the offence is also heinous in nature but mere heinousness of crime will not disentitle an accused to the concession of bail when ultimate conviction, if any, could repair the wrong caused by the mistaken relief of bail.
5. On tentative assessment of the available record, scope of further inquiry is there into the guilt of the accused- petitioners and such being the position, the petition for the grant of bail is allowed, and, accordingly, the petitioners are admitted to bail on furnishing bail bonds amounting to rupees three lac each with two sureties each in the like amount to the satisfaction of Illaqa Judicial Magistrate/MOD, who shall ensure that the sureties are local, reliable and men of means.