Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 498 & 497(2)---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotic---Ad-interim pre-arrest bail, confirmation of---Further inquiry--- Female accused--- Separate F.I.Rs. for the same occurrence---Effect---Doubt regarding culpability of accused---Police allegedly conducted a raid during which accused-female threw away a bag containing narcotic and fled to her father's house---Plea of accused that a separate F.I.R. for the same occurrence had also been lodged against her husband, and that she was only implicated in the present F.I.R. for being wife of the accused of the other F.I.R. ---Validity---Separate F.I.R. was lodged against husband of accused by the same complainant, for the same occurrence under S. 9(c) of Control of Narcotic Substances Act, 1997---Said separate F.I.R. created doubt about culpability of accused---Fact that accused-lady fled away from the scene in the presence of four police officials made the present case one of further inquiry---Nothing was to be recovered from the possession of the accused---Accused did not have a previous criminal record---Sending accused behind bars only to oblige her to come out of jail after a few days on post-arrest bail would amount to mockery of law---Ad-interim pre-arrest bail already granted to accused was confirmed in circumstances. Tariq Bashir and others v. The State PLD 1995 SC 34 ref. THIS ORDER PASSED BY: SYED SHAHBAZ ALI RIZVI, JUSTICE---.--- Through this petition, petitioner Mst. Abida Bibi seeks pre-arrest bail in case F.I.R. No.36 dated 13-1-2014, offence under section 9(c) of the Control of Narcotic Substances Act, 1997 registered at Police Station Sabzimandi, Gujranwala. Allegation against the petitioner is that when the Police party tried to apprehend her, she went into the house of her father and bolted the door from inside. From the shopping bag left by the petitioner, charas weighing 1065 grams was recovered. 2. Learned counsel for the petitioner contends that the story narrated in the F.I.R. is improbable; that nothing is to be recovered from possession of the petitioner; that after registration of case F.I.R.…

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