Law:

Section:

Criminal Procedure Code (V of 1898)-------S.497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Constitution of Pakistan, Art. 185(3)---Recovery of narcotics---Bail, grant of---Maximum punishment, possibility of---Involving in other similar cases---Accused contended that Chars weighing 4 kilograms was recovered from path and not from his personal possession, therefore, there was no possibility of maximum sentence provided for the offence---Validity---Court while hearing petition for bail was not to keep in view the maximum sentence provided by statute but the one which was likely to be entailed in the facts and circumstances of the case---Accused had been in jail for three months, yet commencement of his trial let alone its conclusion was not in sight, had also tilted scales of justice in favour of bail rather than jail---Involvement of accused in two other cases of similar nature would not come in the way of petitioner, so long as there was nothing on the record to show that accused had been convicted in any one of those---Petition for leave to appeal was converted into appeal and accused was released on bail. Noor Alam Khan, Advocate Supreme Court and Mir Adam Khan, Advocate-on-Record for Petitioner Ms. S. Naz Muhammadzai, Advocate Supreme Court for the State. Date of hearing: 16th December, 2011. ORDER EJAZ AFZAL KHAN, J.---This petition for leave to appeal arises out of judgment dated 31-10-2011 of the Peshawar High Court, Peshawar whereby the petitioner was declined bail in case F.I.R. No.326 dated 9-10-2010 of Police Station Tal Hangu. 2. Learned counsel appearing on behalf of the petitioner contended that the incriminating substance was picked up from the path and not recovered from the personal possession of the petitioner; that even if it is presumed that it was recovered from his personal possession, he is not likely to be awarded maximum sentence provided by the Statute for four kilograms…

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