Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Control of Narcotic Substances Act, (XXV of 1997), S. 9(c)--Bail, grant of--Further inquiry--Mistaken relief of bail--Allegations of having contraband, allegedly to be smuggled to Peshawar--Since their arrest, accused-petitioners have been investigated interrogated but neither any further recovery has been made nor they confessed their guilt--Held: A mistaken relief of bail may be repaired by convicting accused, if proved guilty, but no proper reparation can be offered for his unjustified incarceration, albeit, his acquittal in long run--Investigation is complete and they are no more required to prosecution, hence keeping them behinds bars for indefinite period would serve no useful purpose, when their case falls within sub-section (2) of Section 497, Cr.P.C., entitling them to concession of bail. 2016 SCMR 18 rel. THIS JUDGMENT DELIVERED BY: WAQAR AHMAD SETH, CHIEF JUSTICE---.--- Accused-petitioners, Tahir Khan Rustom Khan sons of Badi-uz-Zaman, charged in case vide FIR No. 745 dated 04.09.2018, under Section 9-C CNSA, registered in Police Station Shaheed Gulfat Hussain, Peshawar, have approached this Court for their release on bail, which was refused to them by learned Judge Special Court-IV/Additional Sessions Judge-IV, Peshawar, vide order dated 13.09.2018. 2. As per contents of FIR, the case of prosecution is that, complainant Sheriyar Khan, SI on spy information, made barricade on the place of occurrence and as per information, the vehicle bearing Registration No. LE-4909, Lahore, Silver Colour, coming from GT road, on seeing the police party, diverted, however, overpowered by the complainant party and on cursory investigation, driver disclosed his name as Tahir Khan while another sitting on front seat disclosed his name as Rustom Khan, brother interse. On search of the vehicle, from beneath of both the front seat, 2/2 KG charas were recovered, wherefrom five grams were separated for chemical analysis and the instant FIR was lodged. 3. I have heard learned counsel for the accused-petitioner, learned AAG for the State and available record gone through. 4. Perusal of available record would depict…

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