Accused Bahadur Khan who is a resident of the Tirah Tribal Area was apprehended by a Police Head Constable during a `Nakabandi' on Jamrood road on 20-7-1993 and during search of the two shopping bags which he carried in hands 4.250 K.Gs. Opium and 2.250 K.Gs. Charas was recovered.
The accused was arrested and a case under Article 3/4 of the Prohibition (Enforcement of Hadd)
Order, 1979 registered at Police Station, Hayat Abad on the report of the Head Constable. He has so far failed to obtain his release on bail.
2. The learned counsel contended, that in view of a charge of mere possession of the opium and Charas by the accused, which may be in any quantity, his case would not fall within the ambit of section 497(1), Cr.P.C. And the punishment provided for the offence being less than ten years, his client may be released on bail the case being covered by Article 4 of the Prohibition Order, 1979 where the maximum sentence of imprisonment mentioned is two years, or with whipping not exceeding thirty stripes and fine.
3. The record indicates that more than 4 KGs. Opium and 2 K.Gs. Charas have been recovered from the personal possession of the accused. The use of drugs/intoxicants in our society has increased tremendously in the recent past which is fastly extending its adverse effects on the people and the youth in particularly. A relaxed view in like cases must not be, therefore, taken. The sole ground that the case against the accused does not fall within the prohibitory clause under section 497(1), Cr.P.C. Cannot be, therefore, entertained for the reason, that even in case which do not come within the purview of the prohibitory clause the Court has a discretion to give or decline the relief keeping in view the circumstances of each case. The petitioner in this case has been accused of having brought a considerable quantity of opium and Charas from the tribal territory into the settled area for its onward traffic into the country and this fact cannot be lightly ignored. This would be beside the point that the accused being a resident of the tribal area may abscond when called for trial if enlarged on bail. In this view of the matter I would decline the request. Petition is dismissed.