Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Possession of Narcotic Substance weighing 6600 grams---Bail, grant of---Minor son of female accused was also confined in jail along with his mother/accused---Welfare of minor---Scope--- Non-submission of challan by the prosecution---Effect ---Accused (Lady) was allegedly found with charas having been wrapped around her body with her minor son in her lap---Minor son of accused was also, confined in the unpleasant environment of the prison---Guilt or otherwise of accused would be thrashed out by the Trial Court during the course of recording of evidence with special reference to the direct recovery of huge quantity of Charas weighing 6600 grams, yet welfare of the minor could not be brushed aside especially in view of scarcity of basic facilities in prisons and overall impact on the character building of minor---Challan had not been submitted despite lapse of about two months and accused being a lady her minor son was also languishing in jail---Accused was entitled for the concession of bail, in the circumstances. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, J.--- On her implication, the accused/Petitioner Mst. Gul Meena in case FIR No. 90 dated 12.11.2017 charged under section 9(C) CNSA registered at Police Station ANF Peshawar is optimistic for the grant of her post arrest bail. 2. Prior to, the prayer of the Petitioner for the similar relief before the Court of learned Judge Special Court (CNS) Khyber Pakhtunkhwa Peshawar was dismissed in slipshod manner for reasons that "huge quantity of contraband Chars has been recovered from the direct personal possession of the accused/Petitioner. The data available on file prima facie connects the accused/Petitioner with the commission of offence falling within the prohibitory clause of section 497, Cr.P.C" 3. The contents of the 'Murasila' followed by lodging of the First Information Report would reveal that the complainant Mehmood-ul-Hassan Station House Officer of Police Station ANF Peshawar was busy at the place of occurrence along with other ANF officials in respect of checking of vehicles. In the…

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