13/05/2025
پشاور ہائی کورٹ نے موٹر سائیکل سوار ( ڈرائیور) جس کے قبضہ سے بوری سے سے #13کلوگرام چرس اور (ٹوٹل 23 کلوگرام)برآمدگی میں ضمانت منظور کرتے ہوئے قرار دیا ہے کہ مراسلہ اور فرد مقبوضیگی کے مطابق برآمد ہوا تھا لیکن لیبارٹری رپورٹ کے مطابق (برؤن سالڈ) کا نمونے لیبارٹری کو بھیجا گیا ہے جو کہ استغاثہ کے الزام سپورٹ نہیں کر رہا ہے اور مزید یہ کہ ملزم بیمار ہے میڈیکل بورڈ کے مطابق جس کا علاج جیل میں ممکن نہیں
JUDGMENT SHEET
IN THE PESHAWAR HIGH COURT, PESHAWAR
[Judicial Department]
Cr.Misc (BA) No.1192-P/2025
"Shakir Ullah V/s The State"
Date of hearing:
12.05.2025.
Present:
Mr. Amjad Noor Khan, Advocate for the accused/petitioner.
Mr. Azhar Raheem, AAG for the State.
JUDGMENT
WALI. I. Being charged in case FIR No.404 dated 24.11.2024 under section 9-D of KP Control of Narcotics Substances Act, 2019 registered in police station Bara, district Khyber, the petitioner has approached this Court for his release on post arrest bail, as he has been declined bail by the Court of learned Additional Sessions Judge, Bara district Khyber vide order dated 07.04.2025.
02. The brief facts of the case, as per the contents of the FIR, are that the complainant Rafique Khan ASI accompanied by other police officials, was present on Nakabandi, when a motorcycle rider, carrying a white sack in his lap, approached there, who was signaled to stop; however, the motorcyclist attempted to flee by accelerating the vehicle. However, during the escape attempt, the motorcycle fell, and the accused was apprehended by the complainant. Upon inquiry, the accused disclosed his name as Shakir Ullah son of Mehboob Khan. Upon search of the white sack, the complainant recovered
of each weighing 1000 grams, totaling 13,000 grams of charas. Additionally, 10 packets of o***m, each weighing 1000 grams, amounting to a total of #10,000_grams of ***m were also recovered. The accused was arrested and Murasila was drafted, resulting into registration of ibid FIR.
03. Arguments heard and record perused
04. It appears from the record that, 13 KG Chars Garda and 10 KG O***m has been recovered from a plastic sack, which the accused/petitioner was carrying in his lap while riding a motorcycle. However, intriguing aspect of the case is that in the Murasila as well as in the FIR the kind of Chars has been mentioned as " ", but perusal of the FSL report reveals that the kind of narcotics received for chemical analysis in the laboratory was mentioned as " ", which is in total negation of the prosecution story stated in the FIR. Although, a huge quantity of contraband has been recovered from the possession of accused/petitioner, but the aforementioned anomaly makes the case of the accused to be one of further inquiry regarding the guilt of the accused/petitioner, which could only be determined after recording pro & contra evidence and by extending plausible explanation during the evidence session.
5. Moreover, according to his card of arrest, the petitioner is a young man of 20 years and is also suffering from Hepatitis, and as per Chemical Pathology Report dated 11.10.2024 of MTI, Khyber Teaching Hospital, Peshawar, his test for Hepatitis specimen resulted into HCV positive, and as the disease is a viral infection, there is a risk of other prisoners getting infected if the accused remains in judicial custody. In a similar situation, when High Court declined bail on the ground that the disease did not spread or infect others if the accused is kept in isolation, the Hon'ble Supreme Court, interfered and admitted the accused to bail in view of the serious nature of ailment. Reliance is being placed on the judgment of Hon'ble Supreme Court of Pakistan rendered in case titled "Abbas versus TheState" reported in (2000 SCMR 212). The petitioner is behind the bars for the last six months, and as the investigation in the case has already been concluded and complete challan has been submitted in the court; therefore, he is no more required for further investigation and keeping him behind the bars would serve no fruitful purpose. The aforementioned facts makes the accused/petitioner entitled to the concession of release on bail.
6. While taking tentative assessment of the available material on record, this court reaches to the conclusion that the accused/petitioner has succeeded in making out a case arguable for the purpose of bail. Resultantly, this bail petition is allowed and accused/petitioner is directed to be released on bail subject to furnishing bail bonds in the sum of Rs.100,000/- with two sureties, each in the like amount, to the satisfaction of learned Illaqa/Duty Judicial Magistrate, who shall ensure that the sureties are local, reliable and men of means.
7. The above are the reasons of my short order of the even date.
Announced.
12.05.2025.
