LAL JAN KHATTAK, J. Petitioner Akhtar Muhammad seeks his post arrest bail in case FIR No.115 dated 29.08.2021 under sections 9-D/11-B Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 of Police Station Excise Peshawar, wherein, he is charged for possessing 2000 grams opium and 900 grams ice recovered from the fuel tank of a vehicle.
2. Arguments heard and record gone through.
3. According to FIR and recovery memo the case contraband has been recovered on 29.08.2021 while according to the entries made in Register No.19, extract of which is available on case file, the said contraband has been recovered on 28.08.2021 which contradiction in both these important documents has put the petitioner's case under heavy doubt benefit of which is to be given to him even at bail stage. Apart from the above, the site plan would show that place of occurrence is situated at a juncture of interlinked roads, where every time number of vehicles ply and the police squad/party can be noticed from a considerable distance. In the situation, despite having a vehicle!, no attempt on the part of accused for his escape from the spot, is a question to be resolved by the learned trial Court after recoding pro and contra evidence. Recovery of narcotics from the fuel tank of the vehicle, without disclosing the alternate source enabling the vehicle to move, is also a debatable question to be resolved by the learned trial Court during the course of trial. Record further reveals that no independent witness has been associated with the alleged recovery. Investigation in the case is complete and he accused-petitioner is no more required to he prosecution for the very purpose, therefore, his further incarceration in jail would not serve any useful purpose.
4. For what has been discussed above, this court is of the view that the petitioner has made out a case arguable for his release on bail, therefore, this bail petition is accepted and it is directed that he be released on bail provided he submits bail bonds in the sum of Rs.1,00,000/- with two Sureties each in the like amount to the satisfaction of learned trial court.