Law: Criminal Procedure Code (V of 1898)

Section: 497(1),497(2)

Law: Control of Narcotic Substances Act, 1997

Section: XXV,9(6)(c),9(4),51

Criminal Procedure Code (V of 1898)-------Ss. 497(1), proviso & 497(2)---Control of Narcotic Substances Act (XXV of 1997), Ss. 9 (c) & 51---Possession of 1590 grams ICE and 560 grams of heroin--Post-arrest bail, refusal of---Woman accused---Organized crime, involvement in--Petitioner (woman accused) was, admittedly, arrested red-handed and recovery of illegal contraband was affected from her possession, which prima facie suggested that there appeared reasonable grounds to believe that the petitioner had committed offence punishable under S. 9(6)(C) of the Control of Narcotic Substances Act, 1997, which provided punishment of imprisonment extending to 14 years but not less than 10 years---Though ICE (Methamphetamine) being a psychotropic entails punishment under S. 9( 4 ) of the Control of Narcotic Substances Act ,1997, for three years but not less than one year---Offence punishable under S. 9(6)(c) of the Control of Narcotic Substances Act ,1997, falling within the ambit of prohibitory clause of S.497 (2) of the Cr.P.C read with S. 51 of the Control of Narcotic Substances Act , 1997, did not allow the petitioner/accused to be enlarged on bail---Though proviso of clause (1) of the S. 497, Cr.P.C, extends concession of bail to woman accused, involved in an offence punishable with death or imprisonment for life or imprisonment for ten years, but nowadays women folk are involved as carriers for transportation of narcotics, as such, the felony alleged being an organized crime cannot be equated with ordinary crimes---Record revealed that the petitioner (women accused) was resident of another province and there was an apprehension that she would abscond and would not turn up to face the trial---Plea of the petitioner of being falsely implicated, could not be attended to at bail stage as deeper appreciation was impermissible at bail stage---Petitioner (woman accused) had failed to make out her case for entitlement of concession of bail---Petition was dismissed, in circumstances.Tahira Batool v. State PLD 2022 SC 764 and Noor Khan v. State 2021 SCMR 1212 ref.Date of hearing: 21st June, 2023.ORDERSHAUKAT ALI RAKHSHANI, J.---Applicant Mst. Nazeerah seeks bail…