DR. KHURSHID IOBAL, J.--- Petitioner (Musadiq) seeks his release on bail in case FIR No.90 dated 20.02.2023 under section 9(d) of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 of Police Station YKS, Takht-e-Nasrati, District Karak.
2. Facts of the case as divulged in the FIR are that on 20.02.2023, complainant Naseer Khan, SIR), PS YKS, Karak, received information regarding trafficking of narcotics by the petitioner / accused through his motorcycle from Lawaghar to village Ahmad Abad. The complainant accompanied by a police contingent accordingly arranged a barricade at Babal Khel Algadda. In the meanwhile, the petitioner / accused, having a bag in his lap, came on a motorcycle (Honda 125cc). The SHO stopped him for the purpose of search. The bag in his possession was opened, wherefrom 03 packets of Charas wrapped with yellow colour solution tape, each weighing 1230 grams, 1170 grams and 1200 grams respectively, (total 3585 grams) were recovered.
3. Arguments of learned counsel for the petitioner as well as the worthy Assistant Advocate General representing the State heard and the record perused with their valuable assistance.
4. The petitioner was apprehended on the spot and 3585 grams of Charas were recovered from his personal possession, which is obviously a huge quantity. The FSL report is positive. The punishment provided for the offence is covered by the prohibitory clause of section 497 Cr.P.C. Learned counsel for the petitioner relied on 2021 MLD 46 "Shah Mehmood Vs The State". In this case, bail was granted for the reason that the FSL report was not available on the record. He also relied on 2020 MLD 1215 "Zamin Vs The State", in which 4000 grams Charas and 50 grams methamphetamine
(ice) were recovered from the residential room of a house. The reasons recorded for the grant of bail were: firstly, it was not shown whether the petitioner alone was residing in the house or not.
Secondly, the contraband Charas and methamphetamine (ice) were not recovered from the personal possession of the petitioner. Both the above referred cases are distinguishable from the present one for the reason that the recovery has been effected from personal possession of the petitioner, the quantity is huge and the FSL report has been obtained, which is positive. Needless to say, it is a salutary principle of criminal law that every criminal case has its own facts and circumstances and the facts of one cannot be said to coincide with others. Reliance is placed on 2022 SCMR 186 (Sher Afzal Vs The State and another). The contention of the petitioner that he was arrested in contravention of section 28 of the Act ibid is devoid of any force, as this Court in the case of "Ismail Vs The State" (2021 PCr.LJ Note 31) has held that non compliance of the provisions of section 28 does not vitiate the proceedings and such non-compliance could not be made a sole ground for release of the accused on bail, particularly in case of extreme urgency requiring prompt action.
5. The conclusion of the above discussion is that the petitioner / accused prima facie seems connected with the commission of the offence. He is, thus, not entitled to the concession of bail.
Resultantly, the instant bail petition stands dismissed. This order is based on tentative assessment of the record. It shall have no bearing on the merits of the case at the trial. The prosecution is directed to submit challan within one month positively.