Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(1), first proviso---Control of Narcotic Substances Act (XXV of 1997), Ss.9(c) & 51---Possession of narcotics---Bail, grant of---Female accused---Accused-lady was allegedly found in possession of 3 kilograms of charas---Although offence alleged was not bailable under S. 51 of Control of Narcotic Substances Act, 1997 and fell within the ambit of S. 497(1), Cr.P.C., but since accused was a woman and her case fell within the first proviso of S.497(1), Cr.P.C, therefore, her case was arguable for the purposes of bail---Quantity of charas allegedly recovered from accused was not likely to attract maximum punishment provided under S.9(c) of Control of Narcotic Substances Act, 1997 , if case against her was proved at trial---Quantum of sentence had to commensurate with the quantum of narcotics---Record showed that accused was a previous non-convict and was not involved in offences similar to the present one---Accused was released on bail in circumstances. JUDGMENT SHAH JEHAN KHAN AKHUND-ZADA, J.---Petitioner Mst.Parveen Bibi facing prosecution in case F.I.R. No.622 dated 28-11-2012 registered under section 9(c) Control of Narcotic Substances Act, 1997 at Police Station University Town, Peshawar, was refused bail by the Courts below, hence instant petition for her release on bail hence, she has filed the instant petition for her release on bail. 2. Allegation against the petitioner is that on 28-11-2012, the Local Police of Police Station University Town, Peshawar arrested her while coming on foot from Jamrud Karkhano Market having black shopping bag in her hand. On search, three packets of charas pukhta each weighing 1 Kg (total three kilograms) were recovered from her…

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