Mst. SHAHEEN vs THE STATE
The petitioner sought post-arrest bail in a case involving the recovery of 1750 grams of opium (referred to as Charas in the judgment) under Section 9(c) of the Control of Narcotic Substances Act, 1997. The petitioner had been incarcerated since September 26, 2008, accompanied by her two minor daughters, aged 4 and 6 years. The core legal question was whether the presence of minor children in jail with their mother, in the absence of any other family support, constitutes sufficient grounds for the grant of bail, notwithstanding the nature of the offence. The Court held that the welfare of the minor children, who were innocent and being exposed to anti-social elements, outweighed the gravity of the offence in this specific instance. The Court emphasized that the children's future and mental well-being must be protected from the miseries of jail life. Consequently, the Court granted bail, noting the petitioner's lack of a criminal record and the possibility that she was merely a carrier, while requiring bail bonds to ensure her appearance.
- Can the presence of minor children in jail with an accused mother serve as a ground for the grant of post-arrest bail?
- Does the court have the discretion to grant bail in narcotics cases where the accused is a first-time offender and a carrier?
- Section 9(c), Control of Narcotic Substances Act 1997
ORDER
' Petitioner seeks post-arrest bail in case registered vide F.I.R. No,244, dated 26-9-2008, offence under section 9(c) of C.N.S.A., Police Station Tarnol, Islamabad.
2. Precisely, allegation against the accused-petitioner is that opium weighing 1750 grams was recovered from her possession, hence this case.
3. Learned counsel for the petitioner contends that petitioner is confined in jail along with her two daughters of the ages of 4 and 6 years, since 26-9-2008; trial is likely to take considerable time.
4. Learned Standing Counsel has vehemently opposed the bail petition and argued that offence of such-like nature is on rampant increase, hence petitioner is not entitled for any relief.
5. We have heard both the learned counsel and perused the record.,
6. Police Officer, present in the Court, states that petitioner was lodged in jail, along with her two minor daughters, aged about 4 and 6 years, respectively. Minor daughters have done no crime.
None is available behind in the family to whom the custody be handed over, with a trust to be brought up and looked after in a congenial atmosphere. Stay in jail and travel on each date of hearing to the Court with petitioner-mother, witnessing and coming across anti-social 'elements is bound to tarnish their innocent mind and such bad memories will remain chasing them in whole of life. The Court has to see their future and save them from unfortunate miseries brought to them by their mother-petitioner. A quantity of 1750 grams of Charas was, though, recovered from petitioner's possession and chemical report is in positive, yet we allow her concession of bail mainly for the betterment of minors and at the same time keeping in mind that she might have been duped into this business by some one for money consideration. She has, however, no previous record and perhaps is a carrier.
7. For what has been discussed above, this petition is allowed and petitioner is admitted to bail, subject to furnishing of bail bonds in the sum of Rs,1,00,000 with one local surety in the like amount to the satisfaction of learned trial Court.
Cited by 1 case
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