Law: Criminal Procedure Code (V of 1898)

Section: 497,52

Law: Control of Narcotics Substances Act, 1997

Section: 9

Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 52---Control of Narcotic Substances Act (XXV of 1997), S. 9---Bail, grant of---As there was prior information about the smuggling of contraband through female folk, it was morally incumbent upon S.H.O., who was heading the search party to have arranged for a female to search accused ladies, but no female Constable was arranged and blatant violation of S. 52, Cr.P.C. had been made---Preposterous and to be settled at the trial as to how it was possible to tie or wrap six Kgs, of Charas with the string of Shalwar---Record had revealed that some of the accused ladies were with suckling babies and their presence with accused ladies in the Jail was neither reasonable nor desirable from ethical and religious point of view---Accused had prima facie case for the grant of bail---In view of quantity and nature of contraband recovered from the accused ---Accused were admitted to bail, in circumstances. JUDGMENT On receipt of information with regard to the trafficking of contraband through the female folk from the tribal territory, Gul Mast Khan, SHO, P.S. Pishtakhara, alongwith police party set up barricade on the main road near Bara Qadeem Check post when in the meantime at 1900 hours, a bus coming from Bara was stopped wherein three ladies were found sitting. All the three ladies were deboarded and were asked about the contraband and they all willingly produced packets of Charas. As per F.I.R, three Kgs. Charas was recovered from the possession of accused lady Siraja. six Kgs from Mst. Bakht Bibi and three KGs. From Mst. Toheed. Accordingly, all the three lady arrested and a criminal case under section 9 CNSA was registered against them at Police Station Pishtakhara,…

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