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Initializing Secure Chambers
Petitioner: IBRAHIM VS Respondent: StateHonorable Justice Yahya AfridiArshad Hussain Yousafzai,Lal Jan Khattak
[Peshawar]
Before Yahya Afridi, J
IBRAHIM---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.1603 of 2010, decided on 12th November, 2010.
Criminal Procedure Code (V of 1898)---
----S. 497(2)---Control of Narcotic Substances Act (XXV of 1979), S.9---Possessing narcotic--Bail, grant of---Further inquiry---Investigation .in the case had been completed and the quantity of alleged contraband recovered cumulatively made the case of accused of further inquiry---Quality of contraband allegedly recovered would surely not bring home a punishment saddling the case in the prohibitory clause of 5.497, Cr.P.C.--Accused was allowed bail.
Arshad Hussain Yousafzai for Petitioner.
Lal Jan Khattak A.A.-G. for Respondent.
Date of hearing: 12th November, 2010.
JUDGMENT
YAHYA AFRIDI, J.---Ibrahim seeks his post-arrest bail in case F.I.R. No.778 dated 10-10-2010 for an offence under section 9 Control of Narcotic Substances Act, 1997 ("CNSA") registered in Police Station, Gut Bahar, Peshawar ("F.I.R.").
2. The case set up by the prosecution against the petitioner as recorded in the F.I.R. is that the petitioner was on suspicion stopped by a police party and on his search, two kilo grams of "Charas Pukhta was recovered from a bag, which he was carrying. The prosecution contends that the FSL report is positive and that the challan in the case is complete.
3. The investigation in the present case having been completed and the quantity of alleged contraband recovered cumulatively make the case of the petitioner, a case of "further inquiry". Furthermore, the quantity of contraband allegedly recovered would surely not ' bring home a punishment saddling the case in the Prohibitory Clause of section 497 of Criminal Procedure Code 1898, ("Cr.P.C."). Hence, the discretion of bail is being allowed.
4. These are the reasons for which this application for post-arrest bail was allowed to the petitioner vide short order dated 12-11-2010, whereby the petitioner Ibrahim son of Mir Baz was granted bail provided he furnished bail bond in the sum of Rs.5,00,000 (five hundred thousand) with two sureties each-in the like amount to the satisfaction of the Illaqa/Duty Magistrate who was to ensure that the sureties are local, men of means and reliable.
HBT/283/P????????????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.