Through the instant petition, accused-petitioner (Muhammad Arshad Khan) seeks his release on bail in case FIR No. 169 dated 25.03.2021 under Section 9-D KP-CNSA, registered at Police Station, City (District Kohat), wherein he is charged for possessing 6000 grams charas.
2. Arguments heard and record perused.
3. Alleging to be carrying narcotics while travelling in a rickshaw , the petitioner was apprehended but neither registration of the said rickshaw is mentioned, nor it is mentioned that it was withou t number plate. Besides, there is no statement of the driver of the vehicle available on record to support the version of prosecution. In addition, copy from the entry register No. 19 is also not made part of the record when the challan is also complete and the case is ready to be put in Court for trial. Indeed, the quantity of narcotics recovered would not entitle the accused to the concession of bail, but the slackness on the part of prosecution to keep the recor d up dated and so all the above facts and circumstances taken together , prima facie, makes it a case for further enquiry . Though the report of the FSL is available on record but still the question relating to 'chars garda' in FIR and 'brown solid' in the FSL is to be determined during trial.
4. Moreover , investigation in the case is complete and the accused-petitioner is no more required to the prosecution for the very purpose, therefo re, further incarceration of the accused in jail would not serve any useful purpose.
5. In view of the above, the instant petition is allowed and accused-petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs. 1,00,000/- (Rupees one lac only) with two local sureties each in the like amount to the satisfaction of learned trial Court. The sureties shall be reliable and men of means.