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 narcotics---Bail, grant of---Further inquiry---Prosecution case was that while intercepting a passenger vehicle, four packets charas, each weighing one kilogram, totalling four kilograms were recovered from a gas heater lying near the accused-petitioner's seat--- Accused-petitioner claimed its ownership and on cursory interrogation disclosed about concealment of narcotics in it---Record showed that the alleged recovery had not been effected from direct/personal possession of the accused-petitioner rather from a gas heater---In absence of recovery of travelling ticket of the accused-petitioner in the said vehicle, statement of driver, conductor, and any passenger as well as any proof about the ownership of the heater, nexus of the accused-petitioner with the alleged recovered narcotic was yet to be determined after recording evidence---Such circumstances required further probe into the guilt of accused-petitioner---Accused-petitioner was therefore admitted to bail in circumstances. THIS ORDER PASSED BY: ROOH-UL-AMIN KHAN, JUSTICE:---.--- Ashiq, the petitioner, seeks bail in case FIR No.10 dated 21.01.2017, registered under section 9(c), Control of Narcotic Substances Act, 1997 in Police Station ANF, Peshawar. 2. As per contents of FIR, allegations against the petitioner are that on 21.01.2017 at 11.00 hours, near motorway Toll Plaza Peshawar, when Abid Usman Inspector ANF along with other ANF officials, intercepted a passengers' vehicle Hiace bearing registration No.LES.4644 and asked about a suspected gas heater lying near the petitioner's…

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