Mst. ANAR BIBI vs STATE
This matter arises from a bail petition filed by Mst. Anar Bibi, who is facing prosecution under Section 9(c) of the Control of Narcotic Substances Act, 1997, following the recovery of contraband charas from a vehicle in which she was traveling. The core legal question is whether the petitioner, a female accused of a non-bailable narcotics offense, is entitled to the concession of bail under the statutory exceptions provided for women. The Peshawar High Court held that the petitioner is entitled to bail, reasoning that as a woman, her case falls within the first proviso to Section 497(1) of the Code of Criminal Procedure, 1898. Furthermore, the court noted that the quantum of sentence is tied to the quantity of narcotics recovered, she is not a previous convict, and the question of her guilty knowledge requires further probe at trial. The key principle laid down is that female accused persons may be granted bail under the statutory proviso when their case calls for further inquiry and does not attract the maximum penalty.
- Whether a female accused charged under the Control of Narcotic Substances Act is entitled to bail under the first proviso to Section 497(1) of the Code of Criminal Procedure?
- Does the recovery of narcotics from a shared vehicle necessitate further probe regarding the guilty knowledge of a passenger accused?
- Is a petitioner with no previous criminal record entitled to bail when the quantum of sentence is yet to be determined at trial?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 51, Control of Narcotic Substances Act 1997
- Section 497, Code of Criminal Procedure 1898
Petitioner Mst Anar Bibi facing prosecution in case FIR No, 15 dated 4.1.2013 registered under Section 9(c) Control of Narcotic Substances Act, 1997 at Police Station Hayatabad, Peshawar, was refused bail by the Addl. Sessions Judge-XIV, Peshawar vide his order, 13.2.2013 now she has filed the instant petition for her release on bail.
2. Short facts of the case are that Namdar Khan. SI alongwith his police contingent had made a picket at Karkhano check post on 4.1.2013 at 1800 hours, when in the meanwhile a motorcar bearing Registration No, VA-420/Islamabad came there which was stopped whose driver disclosed his name as Said Jamal. A female was also sitting in the rear seat who disclosed her name Mst. Anar Bibi. On search of the vehicle, ten packets of contraband charas from beneath the driver seat and ten packets of contraband from beneath the feet of the accused-petitioner were recovered. Both the accused were arrested on the spot and a murasila was drafted which was sent to the Police Station where on the basis of its contents a case vide FIR mentioned in the first paragraph was registered against them in Police Station Hayatabad Peshawar.
3. I have heard the learned counsel for the petitioner, learned State counsel and have perused the available record.
4. No doubt, the offence is not bailable under Section 51 of the CNS.A and falls within the ambit of sub-section (1) of Section 497, Cr.P.C. However, the accused-petitioner is a woman and thus her case falls within the ambit of first proviso of sub-section (1) of Section 497, Cr.P.C. which makes her case arguable for the purposes of bail. Moreover, keeping in view the quantity allegedly recovered from the vehicle in which she was sitting, she is not likely to get maximum punishment because the quantum of sentence has to commensurate with the quantum of, narcotics, if case against her is proved at trial. There is nothing on record to show that the petitioner is a previous convict or involved in such like offences and having had knowledge of the contraband in the vehicle is yet to be determined at the time of conclusion of the trial of the accused-petitioner. Hence at present her case calls for further probe into her guilt.
5. In view of the above discussion, the petitioner is entitled to the concession of bail. Hence, the petition in hand is allowed and accused-petitioner is directed to be released on bail provided she furnishes bail bond in the sum of Rs, 1,00,000/- (rupees one lac) with two sureties each in the like amount to the satisfaction of Illaqa/Duty/ Judicial Magistrate. The sureties shall be reliable and men of means.
6. Above are the reasons of my short order announced on 5.4.2013.