' Contraband narcotics i,e,, .Four thousand grams of Charas and 100 grams of heroin powder, was recovered from the possession of the petitioner-accused by the local Police of Police Station, gul Bahar, in pursuance of secret information. Since the petitioner-accused, on demand,, failed to prove that he was in lawful possession of the same, therefore, he was arrested and a . Case was registered against him under section 3/4, Prohibition (Enforcement of Hadd) Order, 1979, vide, F .I.R.
No,334, dated 20-4-1999 at Police Station, Gui Bahar, Tehsil and District Peshawar.
2. The contraband Charas/heroin, when were sent to the Forensic Science Laboratory it was confirmed that the items so recovered, were in fact contraband Charas and heroin powder.
3. The petitioner-accused after having failed to obtain bail from the Judicial Magistrate, Peshawar, (Syed Ahtesham Ali) on 20-5-1999 and the Sessions Judge, Peshawar (Mr. Shahjee Rehman Khan) on 23-8-1999 has filed this petition for bail for the redress of his grievance saying that .He is innocent, falsely charged, and therefore, entitled to be enlarged on bail.
4. The learned counsel for the petitioner present and heard at length.
5. The quantity of the. Charas and heroin recovered from the possession of the petitioner-accused, the report of the Chemical Examiner and the fact that the Sessions Judge/Judge Special Court, Peshawar, has recorded a speaking order, therefore, I do not find any justification as to why this Court should interfere with the discretion exercised by the Sessions Judge/Judge, Special Court judiciously.
6. Even otherwise, on a tentative assessment of the available record, it is not at all possible for me to come to the conclusion that reasonable grounds exist for believing that the petitioner is not connected with the commission of the offence charged with and that, therefore, his case is that of further enquiry and he is entitled to be released on bail. In my opinion the reasons given by the Judge, Special Court for not granting bail to the petitioner-accused are quite convincing/sufficient and I have no intention to upset the impugned judgment. Reliance is placed on case Ijaz Ali Khan v.
The State 1968 SCM R 1168. It was held by the Honourable Supreme Court:--- "The petitioner who is charged with the offence of murder has been refused bail by the Courts below from which he now seeks leave to appeal.
' On examining the facts appearing in the order of the learned Judge in the High Court we are inclined to the view that the conditions laid down in section 497, Cr.P.C. For refusing .Bail to the petitioner were amply fulfilled in this case. The petition is dismissed.
7. This petition for bail is without any substance and is dismissed in limine.