Mst. Najama Parveen vs The State
This matter comes before the Lahore High Court through a post-arrest bail application filed in connection with FIR No. 508 dated 27.5.2003, registered under Section 6/9(b) of the Control of Narcotic Substances Act, 1997, at Police Station Jaranwala, District Faisalabad, concerning the alleged recovery of one kilogram of charas from the petitioner. The core legal question is whether the petitioner, a female accused with suckling babies and undergoing prolonged incarceration without commencement of trial, is entitled to post-arrest bail when the offence does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure, 1898. The court held that the petitioner is entitled to bail, accepting the application. The key principle laid down is that where an accused is a woman detained with suckling babies and the trial has not commenced or concluded within a considerable period, leading to indefinite detention for an offence outside the prohibitory clause, such peculiar circumstances warrant the grant of post-arrest bail.
- Whether a female accused detained with suckling babies is entitled to post-arrest bail when the trial has not commenced?
- Does an offence under Section 6/9(b) of the Control of Narcotic Substances Act, 1997 fall within the prohibitory clause?
- Can an accused be kept in jail for an indefinite period while awaiting the conclusion of a trial?
- Section 6/9(b), Control of Narcotic Substances Act 1997
This is bail after arrest application is case FIR No. 508/2003, dated 27.5.2003, under Section 6/9 (b) of the Control of Narcotic Substances Act, 1997, registered at Police Station1 Jaranwala, District Faisalabad.
2. According to the prosecution allegations set up in the FIR Shahid Ali, S.I/SHO of Police Station Jaranwala, had received secret information that the petitioner and her husband Muhammad Yaqoob were selling charas on the road side and consequently he raided them and apprehended the petitioner and recovered a shopper bag from her person out of which charas weighing one kilogram (1000 grams) was 'recovered, whereas, her husband Muhammad Yaqoob co-accused made good his escape. Out of the recovered contents, 10 grams were sent to the Chemical Examiner for analysis into sealed parcel, whose report confirmed the contents to be charas.
3. It is contended on behalf of the petitioner that she at the time of apprehension was carrying a suckling baby and was also in her family way and had given birth to a baby inside the jail and presently she is lodged in jail with two suckling babies and that almost one and half year have gone by and the trial against her has not so far concluded and that the offence charged against the petitioner is at the most punishable with imprisonment which may extend to seven years' R.I.
And as such does not fall within the prohibitory clause.
4. The petitioner is a lady and is having two suckling babies with her inside the jail. She was arrested on 27.5.2003 and trial against her has not so far commenced not to speak of its conclusion. The petitioner cannot be kept in jail for indefinite period along with two suckling babies.
Therefore, in view of the peculiar circumstance, in which the petitioner stand placed, she is admitted to bail in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the Trial Court.