Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotic---Bail, grant of---Further inquiry---Contradiction in F.I.R. and analyst report in regard to nature of substance recovered---Effect---Accused was allegedly found in possession of 5 kilograms of "Charas garda"---Report of Chemical Examiner showed that substance recovered was "Charas pukhta", thus leaving room to ascertain as to whether alleged contraband was Charas or otherwise---Case was one of further inquiry in such circumstances---Accused was allowed bail with the observation that it was consistent practice of High Court to allow bail in narcotic offences in view of the quantity of narcotic (5 kilograms) that had been recovered in the present case. JUDGMENT KHALID MEHMOOD, J.---Petitioner Nisar Khan has been refused bail by the learned Additional Sessions Judge-XIII, Peshawar in case F.I.R. No.1129, dated 1-12-2012, of Police Station Agha Mir Jani Shah, Peshawar, registered under section 9(c) C.N.S.A., therefore, he has lodged the present bail petition before this Court. 2. Brief facts of the case are that Sartaj Khan, S.-I. Police Station Agha Mir Jani Shah along with other police constables were on patrol duty, when they received a spy information regarding the trafficking of narcotics to Karachi. On which they proceeded to the spot, where they saw two suspicious persons having two plastic bags in their hands waiting for the vehicle for proceeding to Karachi. On search, five packets chars gardha weighing 5 Kgs in total were recovered from each accused, who disclosed their names as Nisar Khan, the present accused and Bashir Muhammad, the co-accused, accordingly both were arrested and booked in the aforesaid case. 3. Learned counsel for petitioner contended that the petitioner had no knowledge regarding the presence of narcotics in the fruit carton, therefore, the case of the petitioner is of further inquiry. He further submitted that petitioner is neither a previous convict nor required for further investigation in the present case and is not…

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