Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotic---Bail, grant of---Further inquiry---Accused, a lady, was found as an inmate of the vehicle but there was no other evidence of any nature to reasonably connect her as an associate of the co-accused, who was driver of vehicle having active control and domain of it and could be tagged with the requisite knowledge regarding presence of narcotic---Accused was neither owner of the vehicle nor recovery had been effected from her personal search, rather same were allegedly concealed in the secret cavities of the vehicle---During personal search of accused, no amount of money was recovered from her to suggest that she was paid for giving company to the co-accused(driver), thus, in circumstances her case was distinguishable from the co-accused---Reasonable grounds existed to believe that case of accused required further probe---Bail petition of accused was allowed and she was admitted to bail. 2008 SCMR 1111 and 2009 SCMR 954 rel. JUDGMENT WAQAR AHMAD SETH, J.---Petitioner Sharifa Bibi seeks bail in case F.I.R. No.48 dated 14-1-2012 registered for offence under section 9(c) CNSA at Police Station Badhber District Peshawar. 2. The local police of Badhber were having information regarding smuggling of narcotics from tribal area to Punjab, thus, believing the same to be true, they laid a picket at the crime spot when in the meanwhile an Alto motorcar Mehran bearing Registration No.LZG-1478 silver color was signalled to stop. On inquiry, the driver disclosed his name as Waris Ali son of Sarang while the petitioner was found seated with him. Search of the motorcar was carried out and from the cover of rear seat 30 packets charas pukhta weighing 1000 grams each packet while from inside the CNG tank 30 packets charas pukhta each packet weighing 1000 grams total 60 Kgs were recovered. Sample of five grams from each packet was sent to FSL for chemical analysis while rest of the bulk was sealed into separate parcel, hence the case was registered against the accused. 3. Learned counsel for petitioner contended that the petitioner is neither…

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