Mst.SHAMIM AKHTAR vs THE STATE
This matter arises from a petition seeking post-arrest bail in respect of F.I.R. No. 31 of 2002 dated 15-7-2002 registered under Section 9(c) of the Control of Narcotic Substances Act, 1997 at Police Station ANF, Lahore. The prosecution case alleged that narcotics were recovered from the house of the petitioner during a raid conducted in her absence without obtaining search warrants from a Magistrate. The petitioner was subsequently arrested on 28-2-2005, and her earlier bail application was dismissed by the Special Judge CNS, Lahore. The Lahore High Court observed that the petitioner was not present during the recovery, search warrants were not obtained, and the trial had been subject to prolonged delay exceeding three years of incarceration, particularly given that the accused is a woman. Consequently, the High Court allowed the petition, admitting the petitioner to post-arrest bail subject to the furnishing of appropriate surety bonds.
- Whether post-arrest bail can be granted when narcotics are recovered from the house of an accused in her absence without obtaining search warrants from a Magistrate?
- Does prolonged and undue delay in the conclusion of the trial constitute sufficient ground for the grant of post-arrest bail?
- Whether the fact that the accused is a woman weighs in favor of granting bail in narcotic cases under extraordinary delay circumstances?
- Section 9(c), Control of Narcotic Substances Act 1997
ORDER
' Seeks post-arrest bail in case F.I.R. No,31 of 2002 dated 15-7-2002 for the offence under section 9(c) of Control of Narcotic Substance Act, 1997 registered at Police Station ANF, Lahore.
2. In nutshell the facts of the prosecution case are that upon information by the informer raid was conducted at the house of the petitioner from where narcotic was recovered in the absence of the petitioner. This raid was conducted on 15-7-2002 whereas petitioner was arrested on 28-2-2005.
Her application seeking post-arrest bail was dismissed by Special Judge, CNS, Lahore vide order dated 16-2-2007, hence this petition.
3. After hearing learned counsel for the parties and perusing the record, we have observed that the narcotic was recovered from the house of the petitioner by the raiding party when the petitioner was not present in the house nor the raiding party had ever obtained permission from the Magistrate (warrants of search). Report submitted by the trial Court dated 28-5-2008 reveals that the case would be completed within three months but admittedly needful has not been done so far. Petitioner, who is a woman is behind the bars for the last more than three years i.e, since 28-2- 2005. Accordingly this petition is allowed and petitioner is admitted to bail subject to her furnishing bail bonds amounting to Rs,200,000 (rupees, two lacs), with two sureties in the like amount to the satisfaction of D.R. (Judicial) of this Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.