Case Details

Citation(s)
2010 SLG 2542 = 2010 SLD 2542 = 2010 YLR 1610
Sindh High Court
Cr. B.A.No.S-610 of 2008, decided on 13th April, 2009.
Presented By: Maqbool Ahmad Awan, J
Ishrat Ali Lohar for Applicant.

Miss FAREEDA---Applicant

VERSUS

THE STATE---Respondent

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497, Proviso fifth---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Possessing narcotics---Bail, grant of---F.I.R. had alleged that accused a woman was apprehended and 5 Kgs of charas was alleged to have been recovered from her possession and that she was apprehended by complainant party on the pointation of co-accused who during the course of interrogation alleged that she had purchased the narcotics from the accused---Accused, in circumstances was in custody for the last more than 8 months; and trial had not been con cluded--- Accused in circumstances was entitled to bail under fifth Proviso of S.497, Cr. P. C. ---Accused having made out a case for grant of bail, she was granted bail, in circumstances. Rehmat Zaman and another v. The State 2008 MLD 1589; Nazir Ahmed v. The State 2004 PCr.LJ 27; Muhammad Essa v. The State PLD 2008 Kar. 112; Sayed Ghulam Mustafa v. The State 2007 PCr.LJ 139 ref. Ishrat Ali Lohar for Applicant. Amjad Ali Sahito, S.P.P. for ANF. ORDER MAQBOOL AHMAD AWAN, J.---The applicant seeks bail in Case/ Crime No.5 of 2008 registered at Police Station ANF, District Hyderabad for offence punishable under section 9(c) of Control of Narcotic Substances Act, 1997. The brief facts of the prosecution case are that arrested accused Mst. Shahjehan Bibi wife of Ashique Ali in Crime No.4 of 2008 dated 28-6-2008, during investigation disclosed that present applicant is doing the business of narcotics in her home and that she had purchased the narcotics from her and applicant has more too. On such information accused's protector Lady Constable Naheed Naz along with police man in Government vehicle proceeding to the pointed place and at about 1830 hours they saw one woman coming from Abdullah Centre having black shopping bag in her hand. The accused recognized that she is Farazana (the present applicant) from whom she had bought the narcotics, therefore, police arrested Farzana and tried to make private mashirs but the people available at spot refused to do so. Thereafter, in presence of HC Rahim Bux and HC Sher Muhammad the said woman's name and address were asked who disclosed her name…
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