MANZOOR AHMAD MALIK, J.---Impugned herein is the order dated 19.02.2021, whereby bail was refused to the petitioner by the learned Peshawar High Court, Peshawar in case FIR No. 01, dated 01.01.2021, offence under section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Lower Kuram, District Kurram.
2. After hearing the learned counsel for the petitioner and learned counsel appearing on behalf of State at length and perusal of available record, it has been observed by us that it has not been disputed that when the vehicle was stopped by the police, the petitioner was merely sitting in the vehicle and he was not driving the said vehicle.
Narcotics were allegedly recovered from the secret cavities of the vehicle. Learned counsel appearing on behalf of State after going through the file confirms that there is no connection of the petitioner with the said vehicle and even nothing was recovered from his personal possession or on his pointatio n. He, however , contends that petitioner was in the vehicle and in the circumstances it can be safely presumed that he had conscious knowledge of the narcotics concealed in that vehicle. and even he attempted to run away from the spot, when the police signaled the vehicle to stop. The question, the petitioner who was not a driver of the vehicle had conscious knowledge of narcotics concealed in the vehicle needs serious consideration, which shall be determined by the learned trial Court after recording evidence. In the circumstances, cue against the petitioner calls for further inquiry falling within the ambit of section 497(2), Code of Criminal Procedure.
3. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed. The appellant-Gul Manan is allowed bail (in the instant FIR) subject to his furnishing bail bond in the sum of Rs.
500,000/- (five hundred thousand) with one surety in the like amount to the satisfaction of the learned trial Court.