Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession and trafficking of narcotic---Bail, grant of---Narcotic present in boot (diggi) of vehicle---Conscious knowledge of passenger in vehicle of the presence of the narcotic---Scope---Charas weighing 19 kilograms was recovered from the boot (diggi) of a vehicle and accused was allegedly sitting on the front seat of the said vehicle, which was being driven by the co-accused---Accused was neither driver nor owner of vehicle but was alleged to be a mere passenger---Nothing was recovered from immediate possession of the accused---Neither any evidence showed that accused was in conscious knowledge of the presence of contraband in the boot (diggi) of the vehicle nor anything on record showed that he was convicted or involved in cases similar to the present one---Accused was released on bail in circumstances. Bail Petition No.1091 of 2011, decided on 1-8-2011 rel. JUDGMENT MRS. IRSHAD QAISER, J.---Petitioner Imtiaz son of Ghulam Muhammad resident of Kodinka, Mardan seeks his release on bail in case F.I.R. No. 911 dated 19-9-2012 under section 9(c) C.N.S.A. of Police Station Chamkani Peshawar was refused bail by learned ASJ-IX/Judge, Special Court, Peshawar vide order dated 11-10-2012. Now he has approached this Court for the same relief. 2. As per contents of the murasila Gul Muhammad Khan, A.S.-I. along with other Police Officials was on Gasht when he received information that huge quantity of charas would be smuggled through motorcar XLI. On this information he started search of the car. In the meanwhile on 19-9-2012 at 1500 hours the motorcar No.RE-445 Islamabad was sighted coming from Peshawar side, which was signalled to stop however, driver accelerated the speed of car and by taking U-turn he tried to run away. The car was chased and then it was made to stop at Chughal Pura. The driver of the car disclosed his name Muhammad Rehman while the person sitting on front seat disclosed his name as Imtiaz. During the course of search of the vehicle plastic bag containing 19 packets each weighing 1 kg total 19 kgs charas garda was recovered from its boot…

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