Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 7/9

Criminal Procedure Code (V of 1898)     S. 497 Control of Narcotic Substances Act (XXV of 1997), Ss.7/9 ¬Bail No direct or indirect evidence was available to connect the accused with the commission of the offence Accused was neither arrested from the spot, nor any contraband was recovered from her possession Statement of co accused recorded under 5.161, Cr.P.C. during investigation implicating the accused was inadmissible in evidence Case against accused, thus, needed further inquiry No identification parade had been held in the case Accused being a ‘Pardanasheen’ woman, her case was covered by first proviso to S.497(1), Cr.P.C. Challan had not so far been submitted in the Trial Court and keeping the accused in jail could not serve any useful purpose Accused was admitted to bail in circumstances.   State v. Syed Abdul Qayum 2001 SCMR 14; Bahadar Khan v. The State 2000 SCMR 677 and Mst. Gugoo v. The State PLD 1985 Pesh. 114 ref.   Naik Nawaz Khan for Petitioner.   Jamsheed Khan for the State.   hearing date: 19th February, 2001. JUDGMENT Having been involved in case registered vide F.I.R. No.371, dated 19 9 2000 under sections 7/9, Control of Narcotic Substances Act at Police Station Topi, the petitioner applied for pre arrest ad interim bail which was dismissed by the learned Sessions Judge, Swabi vide order, dated 23 12 2000. Therefore, she applied for post arrest bail, the same was also rejected vide order, dated 16 1 2001 by the learned Sessions Judge, Swabi. Now she has approached this Court for her release on bail 2. The local police had held Naqabandi on Topi Ghazi Road. Bus No.PRF.4325 was stopped. Mst. Maryam got down from the said bus and on her search, a bag containing 5300 grams of Charas was found from her possession. Out of the recovered contraband four grams were separated and sent to F.S.L. for Chemical Examination and the remaining was kept in a parcel. 3. Mr. Nek Nawaz, Advocate the learned counsel representing the petitioner argued that neither the petitioner was arrested from the spot nor any recovery of contraband was effected from her nor she was identified after her arrest. 4. It was further argued that…

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