Law: Criminal Procedure Code (V of 1898)

Section: 497(1), 154

Law: Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019)-

Section: 11b

Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)

Section: 15AA

(a) Criminal Procedure Code (V of 1898) S. 497(1)---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), S. 11(b)---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15-AA---Possession of amphetamine (ICE), charas and illegal possession of weapon---Post-arrest bail, grant of---Woman accused---Recovery was made on prior information of informer---Search and seizure proceedings were not recorded by Police while using mobile phone or any other audio or video device---Report of Forensic Science Laboratory (FSL) was still awaited and it was yet to be determined by the FSL whether the recovered contraband was indeed ICE or some other substance, which cast doubt on prosecution s case, and was to be determined after recording of evidence pro and contra, thus, for the time being accused was held entitled for grant of bail---In cases of women accused etc. as mentioned in S. 497(1), irrespective of the category of offence, bail is to be granted as a rule and refused only as an exception in the same manner as it is granted or refused in offences not falling within the prohibitory clause of S. 497(1)---Challan was complete, accused was not required for further investigation, thus, keeping her behind bars for an indefinite period would not serve any useful purpose---Post-arrest bail application was allowed, in circumstances.        Mst. Ghazala v. The State and others 2023 SCMR 887 and Resham Khan and another v. The State and another 2021 SCMR 2011 rel. (b) Criminal Procedure Code (V of 1898) S. 497(1)---Post arrest bail---Female accused---Scope---Scope of bail in case of female accused is wider as compared to male accused. (c) Criminal Procedure Code (V of 1898) S. 497(1)---Grant of bail---Availability of sufficient incriminating material---Relevant consideration---Scope---For grant of bail in exercise of the discretionary power of the court under S. 497(1), Cr.P.C., the availability of a sufficient incriminating material to connect the accused with the commission of the offence alleged against him is not a relevant consideration. (d) Criminal Procedure Code (V of 1898) S. 154---First Information Report---Scope---FIR being the…