Through the instant petition, Muhammad Yaqoob, accused/ petitioner seeks his release on bail, on the fresh ground/statutory delay , in case registered vide FIR No. 159 dated 8.4.2020 under Section 9-D CNSA registered at Police Station Azakhel, District Nowshera. His earlier bail petition was dismissed by this Court on merit on 28.05.2021.
2. Arguments heard and record of the case was perused.
3. It is the.case of prosecution that the petitioner while riding a motorbike was intercepted by the police and from the secret cavities in motorbike two packets of heroin weighing 2020 grams and two packets of chars weighing 2075 grams were recovered.
4. His earlier bail petition was dismissed mainly for the reason that huge quantity of narcotics was recovered from his possession. However , his earlier bail petition was rejected by this Court on 28.05.2020 whereas the FSL report was prepared on 29.05.2020. According to the FSL report the samples of the contraband were received in the laboratory on 04.05.2020 whereas the offence has been committed on 08.04.2 020. It was contended by the learned AAG that at the relevant time the FSL laboratory was closed owing to COVID-19 pandemic; however , in this regard no evidence is available on the file. The Register No. 19 further reveals that the said samples were handed over to the police official on 30.04.2010 which was received in the laborato ry on 04.05.2020. Thus, the safe custody of the narcotics in the circumstances of the case is a matter of further probe. Even otherwise the present petitioner was arrested on 08.04.2020 and order sheets available on the record shows that so far the prosecution could not produce their evidence before the trial Court. On good number of occasions the prosecution witnesses were not available and for that reason non bailable warrants were issued against them.
5. In view of above, the petitioner was able to make out a case for bail, therefore, the application is accepted and accused/petitioner Muhammad Yaqoob is admitted to bail provided he furnishes bail bond in the sum of Rs.
200,000/- (two lac) with two sureties each in the like amount to the satisfaction of Illaqa/Duty Judicial Magistrate.
6. The above are the detail reasons of my short order of the even date.