Law: Criminal Procedure Code (V of 1898)

Section: 497(1)

Law: Control of Narcotics Substances Act, 1997

Section: 6,9,9(c),51

Criminal Procedure Code (V of 1898)--- ----S. 497(1)---Control of Narcotic Substances Act (XXV of 1997), Ss. 9 & 51---Possession of two kilograms of Charas---Bail, grant of---Accused, a lady with two minors---Effect---Crime against society---Scope---Such charge/allegation alone was not sufficient to keep one behind the bars for an indefinite period---Existence of reasonable grounds must be shown to believe prima facie linkage of accused with the charged offence---Bar provided by S. 51 of Control of Narcotic Substances Act, 1997 could not operate as decisive for petition for bail---Bail pleas were to be granted or rejected in tentative examination of available material and not on the basis of charged offence---First Information Report had not mentioned the shape of alleged recovered Charas nor the thing in which the same was wrapped---Such aspects prima facie would require explanations from prosecution---Law had provided some privileges to female accused under S. 497(1), Cr.P.C., which alone was not sufficient for releasing the lady on bail but could well be taken as a favouring circumstances---Court was guardian of minors, and their welfare was to be kept in view in all circumstances---Two minors with the petitioner were not shown to have any other refuge, except the petitioner---Prosecution had not claimed any apprehension of absconsion of petitioner during trial, if released on bail---Petitioner was admitted to bail, in circumstances. Zaigham Ashraf v. State and others 2016 SCMR 18 and Javed v. State 2017 SCMR 531 ref. THIS ORDER PASSED BY: SALAHUDDIN PANHWAR, J.--- Through instant bail application, applicant/ accused Mst. Fauzia, seeks post arrest bail in Crime No.10 of 2019 registered at Police Station Saahil, Karachi, for offence punishable under section 6/9(c), of C.N.S. Act, 1997. 2. Precisely, relevant facts of the case are that on 06.02.2019 police party of Police Station Saahil, headed by PI/SHO, was busy in patrolling of area. It was about 0015 hours when the police party reached near Avenue, Farhan Shaheed Park DHA Phase-VIII, they on suspicious apprehended one lady, who on inquiry disclosed her name as Fauzia daughter of Abdul Ghaffar-Ex-wife…

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