Zainab vs The State
Through this petition, the petitioner sought post-arrest bail in a case registered under Section 9(c) of the Control of Narcotic Substances Act, 1997, at Police Station One Battalion Pak Coastguards, Uthal, regarding the alleged recovery of 6.250 kilograms of charas, while accompanied by a two-year-old suckling baby. The core legal question involved the consideration of hazanat and the circumstances of the petitioner's arrest with an infant in relation to the grant of post-arrest bail. The court did not decide the bail petition finally but instead issued an interim direction, holding that before proceeding further with the matter, a DNA test of the child must be carried out to ascertain her age and her biological relationship with the petitioner. The case was accordingly adjourned to await the DNA report.
- Whether post-arrest bail can be granted to a woman arrested with a suckling baby under the Control of Narcotic Substances Act, 1997?
- Can the court order a DNA test to ascertain the age and relationship of an infant accompanying an accused seeking bail?
- Section 9(c), Control of Narcotic Substances Act 1997
ORDER
SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Through this petition the petitioner seeks post-arrest bail in ease registered vide FIR No. 156 of 2020 dated 27.07.2020 under section 9(c) of Control of Narcotic Substances Act, 1997. at Police Station One Battalion Pak Coastguards. Uthal for allegation of recovery of 6.250 kilograms of charas.
2. At the outset, it was contended by the learned counsel for the petitioner that the petitioner was arrested with a two years suckling baby . In this view of the matter , the question of hazanat would also come under consideration for grant of bail. Before proceeding further , we direct that DNA test of the child namely Malaika be carried out, so as to ascertain her age and relationship with the petitioner . The case is adjourned. To come up immediately after the report of the DNA is received.