' This application has been moved by Ashraf Khan, petitioner, seeking bail in case F.I.R. No,357, dated 2-9-1998, for offences under section 3/4 P.0./6,7,9 C.N.S.A. Of Police Station, Akora after having been aggrieved of the order of Additional Sessions Judge/Special Judge, Nowshera dated 21-9-1998.
2. The petitioner was apprehended by the local police of Police Station Nowshera on 2-9-1998 when he was travelling in a Flying Coach near Khairabad and from his possession one thousand grams (one kilogswn) of charas was recovered in presence or stsavgirsal witnesses, who were also police officials.
3. The grounds on which the petitioner seeks bail is minority as according to the School Leaving Certificate his date of birth is 12-3-1985 and he was aged 13/14 years. The report of the Chemical Examiner despite the warning to make the same available to this Court after a lapse of 9 months is not available. The offence for which the petitioner is charged, however, does not entail punishment for more than 7 years. According to section 9-B of the Control of Narcotic Substance Act, the punishment is only up to 7 years when the quantity of narcotics does not exceed one kilogram. In the instant case the offences for which the petitioner is charged do not fall within the prohibitory clause of section 497, Cr.P.C. Besides the petitioner has been charged under two laws out of which the prohibition order provides a lesser punishment. In view of the aforesaid, this petition is accepted, the petitioner shall be released on bail provided he furnishes bail bonds in the sum of Rs,1,00,000 (Rupees 'one lac) with two sureties each in the like amount to the satisfaction of the Special Judge who should see that the sureties are local and men of means because the petitioner is stated to be an Afghan refugee.