' Syed Lal Badshan, Advocate, learned counsel for the petitioner and Kh. Azhar Rashid -learned Assistant Advocate-General for the State present and heard. Record of the case perused.
2. At the very out set the learned counsel for the petitioner submits that there is nothing on the file to suggest that the substance which was recovered, allegedly, from the possession of the petitioner is "Charas" because the report of the Forensic Laboratory is not available on the file. He further stated that in the circumstances the petitioner is entitled to be released on bail not as a matter of grace but as a matter of right.
3. When the learned Assistant Advocate-General was faced with this situation, he frankly conceded, and rightly so, that there was no report from the Chemical Examiner to show/establish that the! "substance" which was recovered froth the t possession of the petitioner was "Charas". He further stated that in this case the Investigating Officer has failed to perform his duty because he was bound by law to obtain the requisite report from the Forensic Laboratory, Peshawar to establish that the "substance", (2 Kg.), recovered from the possession of the petitioner was in fact "Charas". He was accordingly directed to contact the Inspector-General of Police N.-W.F.P., Peshawar (Maj: Syed Kamal Shah) and the Senior Superintendent of Police, Peshawar (Malik Muhammad Saad) and to ask them to issue necessity instructions to their subordinates to do the needful in future well within Sine.
4. This petition for bail is accordingly accepted. The petitioner shall be realised forthwith, if not required in any other case, provided he furnishes bail bonds in tne sum of Rs,50,000 (Rs, Fifty thousand) with two sureties, each in the like amount, to the satisfaction of the Additional Registrar (Judicial) of this Court.
5. The Additional Registrar shall see that the sureties are respectable persons, hail from the settled areas of District, Peshawar and have sufficient property in their names. Attested copies of the property document photo copies of their identify cards shall be obtained by the Additional Registrar and placed on file for record under intimation to my Private Secretary.
6. A copy of this order shall be sent to the Chief' Secretary, Government of N.- W.F.P., Peshawar for information and onward transmission to the Home Secretary/Inspector-General of Police, Peshawar. Another copy shall be retained by my Private Secretary for record.