Petitioner , Muhammad Nisar has applied to this Court for his release on bail in case F.I.R No. 04 dated 03.01.2021 under Section 09 (D) of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 registered against him at Police Station Jarma, District Kohat, wherein, he is charged for possessing 6100 grams chars.
2. Argument heard and record gone through.
3. It is the prosecution case that 6100 grams chars was recovered from direct poss ession of the petitioner when he was found traveling in a passenger coaster but noticeable aspect of the case is that in the murasila no registration number of the coaster , wherefrom the petitioner was deboarded, has been given Likewise, the seizing officer has not recorded statements either of driver of the coaster or conductor thereof so as to show that the petitioner was traveling in the coaster and was deboarded therefrom by the police. Ibid aspect of the case casts reasonable doubts on the prosecution story .
4. Tentative assessment of the available record would show that the petitioner has succeeded in making out a case arguable for the purpose of his release on bail as his involvement therein needs further probe.
5. For what has been discussed above, this petition is allowed and the petitioner is directed to be released on bail provided he furnishes bail bonds in the sum of Rs. 100,000/- (One Lac) with two sureties each in the like amount to the satisfaction of Illaqa/Judicial Magistrate, who shall ensure that the sureties are local, reliable and men of means revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.