The petitioner Muhammad Jalal seeks bail after arrest in case FIR No. 107/2020, dated 01.11.2020 under Section 9-C, Control of Narcotic Substances Act, 1997 (CNSA) registered with Police Station ANF, RD, Rawalpindi.
2. The case of the prosecution against the petitioner is that in routine checkup a car Bearing No. ANS-731 was stopped at Motorway link road at about 09:30. Three persons riding in the car were asked to come out of the same and upon checking narcotic substance weighing about 2200 grams charas were recovered from the person sitting in front and from the petitioner a packet containing 1.1-kg charas was recovered.
3. The petitioner filed bail after arrest which was dismissed on 01.12.2020 by the Judge Special Court (CNS), Islamabad.
4. Learned counsel for the petitioner , inter alia, contended that the petitioner was sitting at back and had no conscious knowledge that the passenger in front had narcotic substance. It was submitted that a contraband substance recovered from the petitioner was Weighing 1.1-kg which is borderline case, hence the bail application be allowed.
5. Learned Special Prosecutor ANF, inter alia, contended that the bail applications (Cr. Misc. No. 1232/2020 and Cr.
Misc. No. 1242/2020) of the co-accused namely Abid Khan and Shakil Khan have been dismissed by this Court. It was contended that the petitioner had conscious knowledge.
6. Arguments advanced by the learned counsel for the parties have been heard and the documents placed on record as well as the police file perused with their able assistance.
7. The petitioner is implicated in the offence mentioned hereinabove. It is an admitted position that the narcotic substance weighing about 2.2-kg was recovered from the persons sitting in front of the car. The fact whether the petitioner had conscious knowledge of the same is still to be determined during the course of trial. Charas recovered from the petitioner was about 1.1-kg which though falls under 9-C CNSA; however , is regarded as a borderline case. The case of the petitioner is dif ferent from his co-accused.
8. In view of above, the instant petition is allowed and the petitioner is enlarged on bail subject to furnishing bail bonds in the sum of Rs. 1,00,000/- with two sureties each in the like amount to the satisfaction of the trial Court.