Law:

Section:

Criminal Procedure Code (V of 1898) ----S. 497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Constitution of Pakistan (1973) Art.185(3)---Bail, grant of---Case of further inquiry---Female accused---Search warrants, absence of---Accused was arrested from house during raid and 13 kilograms of Charas was recovered---Through plea of violating mandatory provisions relating to search warrants was raised on behalf of accused before High Court but High Court did not dilate upon the same---Validity---Prosecution had to prove the conscious and exclusive possession of accused and the quantity of contraband material recovered therefrom---Case of accused called for further inquiry thus entitling her to concession of bail---Supreme Court converted petition for leave to appeal into appeal and bail was granted. The State through Deputy Director, Anti-Narcotics Force, Karachi v. Mobin Khan 2000 SCMR 299; Muhammad Afzal Darzi v. State 2000 SCMR 1837; Muhammad Gul v. The State 2001 SCMR 71; Ghulam Raza v. Khuda Bux and another 2005 SCMR 1904; Sh. Muhammad Tasleem v. The State 2006 SCMR 468 and The State through Force Commander, Anti-Narcotics Force, Rawalpindi v. Khalid Sharif 2006 SCMR 1265 distinguished. Criminal Appeal No.313 of 2006 rel. ORDER MUHAMMAD MOOSA K. LEGHARI, J.--- This petition, for leave to appeal, arises out of order dated 4-10-2007 passed by Lahore High Court, Rawalpindi Bench, Rawalpindi, whereby the petitioner was declined post-arrest bail in a case registered vide F.I.R. No.3 dated 11-1-2007 at Police Station Anti-Narcotics Force, Rawalpindi, under section 9(c) of Control of Narcotic Substances Act, 1997 (to be referred herein after as "the Act"). 2. The gist of accusation as contained in the impugned order is reproduced hereunder:-- "(2) Brief facts as unfolded in the F.I.R. are that on 11-1-2007 at about 6 a.m. ANF got spy information that a lady named Sakina Bibi was doing business of Narcotics and in case of raid recovery was expected; on this information, a raid was conducted at the house. of the petitioner/accused; when the reading party reached on the first floor they found a women and a boy sitting in the room busy in making pieces of…

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