1. ' Fazal Karim, petitioner, seeks his bail after arrest in a case F.I.R. No,388, dated 24-4-1994, registered under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979, at Police Station Attock Khurd.
2. ' Briefly, the allegation against the petitioner is that on 24-4-1994 at about 12-35 p.m. He was travelling in Bus No,3157/RIR coming from Peshawar. He was deboarded from the bus at Check Post Attock Khurd and on his personal search, the police found one kilogram of Charas.
3. ' The petitioner was earlier refused bail by the learned Sessions Judge, Attock, on 7-6-1994; hence, this petition.
4. ' Learned counsel for the petitioner contends that the petitioner is an old man of 70 years; that he is in the judicial lock-up. For the last about two months but even the challan has not yet been put to Court. Lastly, it is contended that from the contents of the F.I.R., the provisions of Article 3 of the Prohibition Order would not be attracted; that the recovery, being of one kilogram of Charas, at the most, the offence under Article 4 of the Order would be made out, which being punishable with two years' R.I. Is bailable. Reliance in this respect is placed on Aziz-ud-Din etc. v. The State 1990 ALD 725(1) and Noor Hashim v. The State PLD 1992 FSC 497. On the other hand, learned State counsel has opposed this petition but he has not been able to 'controvert the contentions raised by the learned counsel for the petitioner.
5. I have heard the learned counsel for the parties and have perused the record. One kilogram of Charas was recovered from the possession of the petitioner while he was travelling in the bus. The question whether the petitioner was transporting the same for the purpose of smuggling or was a dealer of Charas would require further inquiry, as such, his case would fall in the purview of subsection (2) of section 497, Cr.P.C. Even otherwise, as per observations made in the authorities cited supra, prima facie, Article 4 of the Prohibition Order is attracted in the cases of this nature which carries sentence of two years and is bailable.
6. ' In view of the above circumstances, I feel inclined to admit the petitioner to bail, subject to his furnishing bail bonds in the sum of Rs,35,000 with two sureties, each in the like amount to the satisfaction of A.C./Duty Magistrate, Attock.