Law:

Section:

Criminal Procedure Code (V of 1898)-- ----S. 497---Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.3/4--Control of Narcotic Substances Act (XXV of 1997), Ss. 9, 15 & 51---Bail--Accused was arrested red-handed at the spot with a packet which according to the report of Chemical Examiner contained heroin---Offence against accused by virtue of quantity of heroin recovered from her, no doubt, did not fall in the prohibitory clause of S.497(1), Cr.P.C., but such fact, ipso facto, could not create a right of bail in view of S.51 of the Control of Narcotic Substances Act, 1997 placing an embargo on the grant of bail---Allegations of mala fides, prima facie, were not tenable---Courts could refuse bail to a lady accused charged with serious allegations---Accused was refused bail in circumstances. Mst. Fahmida Begum's case 1997 SCMR 947 distinguished. Mst. Taj Bibi v. The State PLD 1989 Quetta 60; Mst. Amna v. The State PLD 1989 Kar. 40 and Mst. Akhtar Bibi v. The State 1989 PCr.LJ 831 ref. ORDER Seeks bail in case F.I.R. No.22 of 1997 dated 16-6-1997 registered with Police Station Anti-Narcotic Force Model Town, Lahore under section 3/4 Prohibition (Enforcement of Hadd) Order, 1979 read with sections 9 and 15 of the Control of Narcotic Substances Act, 1997. The prosecution story as given in the F.I.R. registered on the statement of Ahmad Jalil Group Leader A.N.F. Lahore briefly stated is that on source report that Mst. Nasira alias Shahida and her brothers co-accused Shahbaz, Pervaiz and Safdar were indulging in illicit drug trafficking, a raiding party was constituted pursuant to which a raid was conducted on the fateful day and petitioner was caught red-handed trying to hide a packet which on being search contained heroin. The co-accused her real brother Rana Safdar was also arrested during this raid. The packet recovered during raid was sent to Chemical Examiner and the report received is to the effect that it contained heroin. 2. The learned counsel for the petitioner prays for bail on the ground that the case is false and product of mala fides inasmuch as petitioner's husband who is a D.S.P. opposed one Brigadier Zulfiqar Cheema, a sitting M.P.A. and on…

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