Law: Control of Narcotic Substances Act, 1997

Section: 9(1)6C and 9(2)5

Law: Code of Criminal Procedure, 1898

Section: 497(1)

Tagline

The concession of bail to a female accused under the first proviso to Section 497(1) of the Code of Criminal Procedure, 1898 is not an absolute right; where there is a strong likelihood of the accused repeating the heinous offense of narcotics trafficking—as evidenced by a history of similar offenses—the case falls within the recognized exceptions to the rule of bail, justifying its refusal.
 

 Summary

1. Background and Recovery

The petitioner (a female) sought post-arrest bail in FIR No. 816/2025 registered at Police Station Lohi Bher, Islamabad. The prosecution alleged that she was apprehended red-handed on spy information with a significant quantity of narcotics in her physical possession: 1,378 grams of heroin and 550 grams of Ice (methamphetamine).

2. Prima Facie Involvement and Criminal History

A tentative assessment of the record by the Islamabad High Court, presided over by Arbab Muhammad Tahir, J., revealed sufficient prima facie incriminating material—including the spot-arrest, recovery memo, and statements of prosecution witnesses—linking her to the commission of the alleged offense.