ORDERZAFAR PASHA CHAUDHARY, J.- The petitioner is required as an accused person in case FIR No. 7/1997 dated 16.1.1997, registered with Police Station Pai Khel under Articles 3/4 of Prohibition (Enforcement of Hadd) Order, 1979.
2. It is alleged that a parcel which was being carried by the petitioner was checked and 10 k.g.
Charas was recovered therefrom. The petitioner was taken into custody thereafter, i.e. On 16.1.1998 and since then, he is injudicial lock-up.
3. According to the learned counsel, the petitioner is young by and student of Matric. His school leaving certificate has been placed on the file according to which, his date of birth is lst of July, 1981 and at the time of alleged occurrence, he was less than I6 years of age. I have enquired from the learned counsel for the State as to whether he is required as an accused person in some other case, the answer is in the negative. The petitioner is not even a previous convict and he is a young boy.
4. I understand that allegation against the petitioner is serious and no leniency should be shown in cases concerning narcotics but not individual can be kept in confinement without trial for an indefinite period. He is in judicial lock-up for more than one year and three mbnths. He is a young by and not required in any other case and the offence as alleged does not fall within the prohibitory clause.
5. In these Circumstances, the petitioner is admitted to bail on his furnishing bail bonds in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of trial Court.