Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Control of Narcotic Substances Act, (XXV of 1997), S. 9(c)--Bail, grant of--Pre-trial conviction--Qantum of sentence--Recovery ofmegar quantity of contraband--Quantum of sentence has to be proportionate with quantum of recovered contraband and natural proclivity of Court would not be towards maximum sentence provided by Statute--Ultimate conviction of an accused can safely make up for loss that may have occurred due to mistaken relief by a Court--Denial of bail at such stage would amount to his pre-trial conviction. JUDGMENT Through the petition in hand, the petitioner seeks bail in case FIR No. 338 dated 29.05.2015 registered under Section 9(c) CNSA by Police Station Nasir Bagh Peshawar, after the said relief was refused to him by the learned Additional Sessions Judge-XI/Judge Special Court, Peshawar on 4.6.2015. 2. Allegation against the petitioner is that he was found in possession of heroin weighing 1200 grams, hence the FIR ibid was registered against him. 3. Learned counsel for the petitioner argued that the accused-petitioner has been falsely implicated in the case by the local police just to show their efficiency before the high ups as in fact no recovery has been effected from him; that no independent witness has been cited by the prosecution though the place of occurrence is a thickly populated one to lend support to the alleged recovery of heroin from the accused-petitioner; that the FSL report is not yet available on file to confirm as to whether the alleged contraband was heroin or otherwise and that keeping in view the recovery of meager quantity of contraband, the ultimate trial may not entail maximum sentence, therefore, the accused-petitioner is entitled to the concession of bail. 4. The learned AAG, on his turn, strongly resisted the bail petition and argued that the accused-petitioner was apprehended and 1200 grams of heroin were recovered from the shopping bag which was very much in his hand and that there was no mala fide on part of the prosecution to associate the said narcotics with him and that he is prima facie connected with the commission of the offence. He next contended that…

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