Mst. RAZIA Versus State
This is a criminal petition filed by Mst. Razia seeking post-arrest bail in case F.I.R. No. 682 dated 13-10-2004 registered under Section 9 of the Control of Narcotic Substances Act, 1997 at Police Station Pishtakhara, Peshawar, concerning the alleged recovery of 1350 grams of Charas powder from her possession while travelling in a bus. The core legal question before the court was whether the petitioner was entitled to the concession of bail considering the quantity recovered and her personal circumstances as a woman. The Peshawar High Court allowed the petition and granted bail to the petitioner. The court held that since the quantity exceeded 1000 grams by a negligible margin making it a borderline case between clauses 'B' and 'C' of Section 9 where maximum punishment may not be awarded, and given that the petitioner is a female, a widow, and the mother of a suckling baby, a proper case for bail was made out.
- Whether post-arrest bail can be granted when the recovered narcotic quantity slightly exceeds the threshold of one kilogram?
- Does the status of being a female, widow, and mother of a suckling baby constitute grounds for granting bail in narcotic cases?
- How should a borderline case between Clause B and Clause C of Section 9 of the Control of Narcotic Substances Act, 1997 be treated regarding bail?
- Section 9, Control of Narcotic Substances Act 1997
Mst. Razia petitioner seeks bail in case F.I.R. No.682 dated 13‑10‑2004 registered for offence under section 9, C.N.S. Act, 1997 by Police Station Pishtakhara, Peshawar.
2. According to the F.I.R., she was travelling in a Bus which was stopped and checked by Muhammad Sher Khan, S.H.O. at Ring Road and on her search the S.H.O. recovered packet in her possession 1350 grams of Charas powder, which were taken into possession through recovery memo.
Arguments heard and record perused.
3. Not only because the quantity exceeds 1000 grams by negligible margin and the case is a border line one between Clause "B" and "C" of section 9 C.N.S. Act where maximum punishment cannot be awarded even if the charge is established besides, the petitioner is a female, a widow and mother of a suckling baby as stated in the petition hence case for grant of bail is made out.
Accordingly this petition is allowed and the petitioner is granted bail in the sum of Rs.50,000 (Rupees fifty thousand) with two reliable local sureties each in the like amount to the satisfaction of the Illaqa Magistrate.
H.B.T./272/P Bail granted.
Cited by 3 cases
- ALI AKBAR vs THE STATE 2010 YLR 127
- Miss BUSHRA SHAHEEN and another vs THE STATE 2009 P Cr. L J 820
- IFTIKHAR alias JARMAN vs THE STATE 2005 P Cr. L J 1245