MUSARRAT HILALI, J.---Through the instant petition, accused-petitioner, Abdul Wasi, seeks his release on bail in case FIR No. 38/2021 dated 29.05.2021 under sections 9-C/15, CNSA, registered at Police Station, RD ANF, District Peshawar.
2. Brief facts as per ibid FIR are that on 29.05.2021, the local police received spy information about presence of employee of famous drug peddler (Haji Ihsan) namely Abdul Wasi who kept huge quantity of narcotics in his house at District Khyber for its smuggling to Peshawar City. Acting on this, the police reached the spot and apprehended a young boy standing in front of his main gate, who disclosed his name as Abdul Wasi. Upon cursory interrogation, he led the police inside "baitak" of his house, wherefrom the police recovered two sacks, one out of which, containing 04 packets containing heroin weighing 1200/1200 grams each packet making total of 4.800 KGs while from the second sack, 04 packets of contraband chars were recovered, out of which, 3 packets weighing 1200/1200 grams while 01 packet weighing 1000/1000 grams chars making total of 4.600 grams chars. Accordingly, the aforesaid case FIR was registered.
Arguments heard and record gone through.
3. Admittedly, nothing has been recovered from the possession of accused-petitioner rather the contraband have been recovered on his pointation from a 'baitak' closed to his house which was not owned by him as he himself is a juvenile as per his school certificate and Form-B issued by NADRA, wherein his date of birth is recorded as 10.03.2008 which reveals that at the time of occurrence the accused-petitioner was 13 years, 02 months and 19 days old and is student of 8th class. The record shows that the accused-petitioner has no criminal antecedents. In my view, jail is, hardly a place where a juvenile should be kept as incarceration would have the effect of dwarfing the development of the child, besides there is every, possibility that he may come into contact with some known criminals in jail.
4. In view of the above, the petitioner is allowed bail. The two elder brothers of accused who are present in the Court are directed to keep an eye on accused-petitioner so that he does not fall into the trap of principal accused again.
5. Needless to remark that the observations made hereinbefore are tentative in nature and the trial Court while deciding the lis shall not be swayed from the observations made in this order.
6. Above are the reasons for the short order of even date.