WAQAR AHMAD SETH, C.J.-- Petitioner Yasir son of Qasim Shah resident of Islamabad seeks his release on bail in case FIR No. 248 dated 06.02.2019 under section 9(c) Control of Narcotic Substances Act, 1997, Police Station Hayatabad, Peshawar, on refusal from the Court of learned Additional Sessions Judge-VIII, Peshawar vide order dated 19.03.2019.
2. The case of prosecution as spelt out from the record is that complainant Fayaz Khan, Assistant Sub-Inspector, Police Station concerned present on the crime venue received information that through motorcar bearing registration No. AED-554, huge quantity of narcotics will be smuggled. In the meantime captioned vehicle emerge on the scene, which was stopped for cursory checking. On query driver disclosed his name as Yasir (present accused/petitioner) while front seater as Shahid Khalil. Search of the vehicle led to the recovery of charas weighing 7000 grams and Opium 9000 grams from its secret cavities made tactfully. Flom the recovered stuff 5/5 Tams were separated for chemical analyses and sealed into different parcels by affixing official stamps marked as "HA". Thus the driver and front seater were booked for the commission of offence vide above referred FIR. Hence the instant bail petition.
3. Arguments heard and record gone through with the able assistance of learned counsel for the parties.
4. No doubt, that a huge quantity of narcotics was recovered there from the car which was driven by present accused/ petitioner being the driver of the car, but, there from the secret cavities made for the purpose in car which was intercepted by the local Police P.S. concerned.
5. Perusal of record reveals that captioned car was rented out by the co-accused namely Shahid Khalil from Al -Saqid Tours Car Rental Services, Paragon Centre, G-9 Marakaz, Islamabad who has already been released on bail by the competent Court of law. In this view of the matter case of the present accused/ petitioner also hit by the Rule of Consistency as the principal co-accused named above has already been released by this Court vide order dated 24.05.2019 in Cr. Misc B. A. No. 1106-P/2019 titled "Shahid Khalil v.
State". It is pertinent to mention that at the time of granting bail to the co-accused above referred Rent Deed dated 05.02.2019 was not available on the file. Learned AAG present in Court when confronted with the situation he failed to give any plausible answer.
6. Admittedly the Seizing Officer in this case is ASI who is below the rank of Sub-Inspector is also not authorized to seize such narcotics drugs, psychotropic substances and controlled substances and other materials used in the manufacture thereof and any other articles which he has reason to believe to be liable to confiscation under this Act and any document or other Article which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act specially in the light of section 21 subsection (C) of Control of Narcotic Substances Act, 1997.
7. Further more during the trial case property was not produced before the competent Court of law which is mandatory requirement under the relevant law. In this scenario how one could infer that present accused/petitioner was booked for the commission of offence in case of absence of bone of contention.
8. Needless to remark that 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 and such being the position the petition for the grant of bail is accepted and the accused/petitioner is admitted to bail provided he furnishes bail bonds to the tune of Rs.500,000/- 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.
9. Above were the reasons of short order of even date.