Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Control of Narcotic Substances Act, (XXV of 1997), Ss. 9(c), 14 & 15--Bail, grant of--Recovery of charas weighing 3 Kgs and heroinweighing 600 grams from bedroom of his father--Rented with his father--Validity--Whether accused has got any nexus with charas weighing 03-Kgs and heroin weighing 600 grams recovered from bedroom of his father accused which could be resolved during trial i.e. after recording evidence. JUDGMENT Accused/petitioner involved in case FIR No. 26 dated 3.3.2016 under Section 9(c), 14, 15 CNSA of Police Station ANF, Peshawar was refused bail by the learned lower Court vide its order dated 25.3.2016. He has moved this further application through his counsel for his release on bail. 2. The facts of the instant petition as reflected from the record are that on 3.3.2016, Muhammad Aslam Inspector to PS ANF Peshawar on the information regarding transportation of huge quantity of narcotics by Samandar Khan of Bhakkar to Punjab in a car Bearing No. MN-12/1666 via motorway fenced the road near Rashakai interchange, when in the meanwhile, the vehicle already spotted to them emerged, which was signaled and stopped. On query, driver of the vehicle disclosed his name as Samandar Khan. He was alighted from the car and on cursoryinterrogation, he made disclosure about the presence of narcotics concealed in the secret cavities of the car/vehicle. He further disclosed that owner of narcotics is Muhammadullah and it was in that backdrop that on his pointation the ANF Force proceeded to his house. On knocking of the door of the house of Muhammadullah, a youngster came out and during the interrogation, he disclosed that his father Muhammadullah had gone out of home alongwith guest. On his pointation charas weighing 03-Kgs and heroin weighing 600 grams were recovered from the bedroom of his father. On arrest of the accused, Samandar khan and Kamran, the seizing officer prepared the recovery memo. and recorded the murasila which was dispatched to the PS concerned where on the basis of which FIR referred to earlier was registered against accused Samandar Khan, Kamran and his father Muhammadullah.…

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