Law: Qanun-e-Shahadat (10 of 1984)

Section: 38

Keywords: Result: MUHAMMAD DAUD KHAN, J:- Through instant petition, Jehangir, the petitioner, seeks his post arrest bail in case FIR No.1031 dated 25.11.2013, registered under Section 9-C CNSA, at P.S. Agha Mir Jani Shah, Peshawar. 2. As per prosecution case regarding presence of narcotics in a Vitz Motorcar bearing No.LZL-84, the local police rushed to the spot where on pointation of informer, the vehicle was found being occupied by one Mehboob Ali Khan. On search, 5/5 packets of Charas weighing one Kg each (total 10 Kgs) were recovered from the secret cavities made beneath both the front seats of the said vehicle. On cursory interrogation, the said accused disclosed that the contraband and vehicle are ownership of one Murad Ali. Consequently, initially FIR was registered against both the above said accused. Lateron, during interrogation, petitioner Jehangir was nominated on the basis of statement under section 161 Cr.PC of co-accused Mehboob Ali Khan. 3. After arrest of petitioner, he approached the Court of learned Additional Sessions Judge-III, Peshawar for his release on bail which was refused vide order 10.5.2016, hence the instant bail petition. 4. Arguments heard and record perused. 5. Though huge quantity of narcotics has been recovered in the instant case but not from direct possession of the petitioner rather from the secret cavities of vehicle being occupied by co-accused Mehboob Ali, who nominated one Murad Ali as owner of the vehicle alongwith contraband in the murasila. The petitioner has not been named in the initial FIR rather he was nominated by the co-accused in his statement recorded under section 161 Cr.P.C. Except the statement of co-accused u/s 161 Cr.P.C who has already been convicted by the learned trial Court vide judgment dated 18.12.2015, there is no any evidence collected by the Investigating Agency, making the case of petitioner that of further inquiry u/s 497(2) Cr.PC for the purpose of bail. The Hon'ble Supreme Court in case titled, "The State through Deputy Director Anti-Narcotic Force, Karachi Vs Syed Abdul Qayum" reported in 2001 SCMR 14, while dilating upon the evidentiary value of statement of co-accused made before the…

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