Law:

Section:

After having failed to secure bail from the learned lower Courts, Bahar Gul petitioner, who is charged in a case under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 read with sections 8/14 of Dangerous Drugs Act, 1930 vide F.I.R. No. 6 dated 8-12-1992 registered at Police Station, C.I.D. Peshawar, has approached this Court for the same purpose.

2.  The prosecution case, in brief, is that on prior tip of Pir Iqbaluddin Inspector C.I.D. along with Police posse on 8-12-1992 at 0630 hours near Al noor Plaza, University Road stopped an Oil Tanker, No. PRO-6037 which was coming from Jamrud side. The Oil Tanker was taken to C.I.D. Headquarters where on thorough checking by a Mechanic 720 kilograms of charas which was wrapped in manure bags and plastic envelopes, was recovered from the secret cavities of the said Tanker. The petitioner/driver of the vehicle disclosed the names of the owners of the contraband charas and stated that he was taking the contraband from Shah-Kas to Karachi on payment. 10 grams of charas was sealed in a separate parcel and sent to Chemical Analyst for opinion whereas the remaining packets of the charas were kept in ten bags duly sealed. The report of the Chemical Analyst is in positive.