Case Details

Citation(s)
2018 SLG 2696 2018 SLD 2696 2018 PCRLJ 18
Sindh High Court
Criminal Bail Application No. S-601 of 2016, decision Dated: 24-04-2017.
FAHIM AHMED SIDDIQUI, JUSTICE
Petitioner(s) by: Habibullah G. Ghouri
Respondent(s) by: Ubedullah Malano, Special Prosecutor for ANF

MST. NASEEM BIBI AND ANOTHER

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9,9(c)

Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss.9 & 9(c)---Possession of narcotic drugs---Bail, refusal of---Complainant (police) alleged that huge quantity of narcotics was recovered from the possession of accused and from the vaults of their car---Accused were family members of the main culprit who was notorious for similar offence---Accused were involved with him in the transportation of a huge quantity of narcotics which was sufficient to attract the charge of criminal conspiracy of doing a particular criminal act i.e. transportation of drugs in huge quantity---Accused were travelling together and womenfolk of the family of the main accused and at the time of recovery the narcotics were in their joint possession---Court was to curb such manic sternly and not to show sympathy in such like case---Concession in granting bail to the female accused would be unfair and even if accused were released temporarily, in all probability, they would continue their nefarious activities of trafficking or dealing in intoxicants clandestinely---In the present case, prima facie, no case of further inquiry within the meaning of subsection (2) to S. 497, Cr.P.C. had been made out for the grant of bail---Bail was refused accordingly. Inayatullah and others v. The State 2011 PCr.LJ 398 and Surayya Bibi v. The State 2008 SCMR 825 rel. THIS ORDER PASSED BY: FAHIM AHMED SIDDIQUI, J.--- Applicants Mst. Naseem Bibi and Bibi Shaheen have filed an application under section 497 of the Code of Criminal Procedure read with section 51 of Control of Narcotic Substances Act, 1997, for grant of bail relating to FIR No. 31/2016, under section 6/9(c) of the Control of Narcotic Substances Act, 1997, registered with Police Station A.N.F Sukkur. 2. The learned counsel for the applicant and learned prosecutor have addressed at length. In the light of submissions made before me, I have gone through the record and citation and have observed as under: (a) The allegations against the applicants are that the complainant who is an Inspector of Anti Narcotic Force received spy information about the movement of some drug peddler from Baluchistan…
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