Case Details

Citation(s)
2018 SLG 1768 2018 SLD 1768 2018 YLR 1674
Balochistan High Court
Criminal Bail Application No. 48 of 2017, decision Dated: 16-05-2017. Hearing Date : 11-05-2017.
MRS. SYEDA TAHIRA SAFDAR, JUSTICE ZAHEER UD DIN KAKAR, JUSTICE
Attaullah Langove for Applicant. Mrs. Noor Jehan Kahoor, Addl: P.G. for the State.

SAEEDAN BIBI

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotic drugs---Bail, grant of---Further inquiry---Person who allegedly informed police regarding accused (suspect lady) was not brought as witness---Neither travelling ticket of Bus was taken into possession nor registration number of the bus was mentioned in the FIR---Quantity of contraband and expected quantum of punishment would be taken into account while allowing bail to accused person---Investigation of case had already been finalized and challan had been submitted before Trial Court and thus physical custody of accused was not required for the purpose of investigation---Case of accused fell within the ambit of S. 497(2), Cr.P.C.---Bail was granted accordingly. THIS ORDER PASSED BY: ZAHEER-UD-DIN KAKAR, JUSTICE:---.--- The applicant Saeedan Bibi seeks post-arrest bail in Crime No.43 of 2017 dated 10.4.2017, under Section 9(c) of the Control of Narcotic Substances Act, 1997, lodged with Police Station, Kuchlak. 2. Plea of post arrest bail of the applicant did not find favour with the Special Judge, Control of Narcotic Substances, Quetta who dismissed her Bail Application bearing No.115 of 2017, vide order dated 24.4.2017, hence this application. 3. Precisely stated facts of the case are that, on 10.4.2017, the complainant along with other police officials, during gasht received information through mobile cell, from Nasibullah, Munshi of New Mekhtar Transport Company, that a suspected lady sitting on seat No.23 of the Bus, proceeding from Quetta to Bahawalpur, have a suspected bag. On such information, at about 5:15 p.m., the police party stopped the Bus and on the pointation of the Munshi, personal search of the lady sitting on seat No.23 was conducted, who on query, disclosed her name as Saeedan Bibi wife of Munir Ahmed, having a hand bag (purse) on her right shoulder, which was checked, as a result of search, baked charas weighing two kilograms was recovered. 4. Learned counsel for the applicant contended that the applicant is innocent and has not committed any offence; that there is no iota of evidence available with the…
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