TAKHARAY Versus STATE

ORDER

1. The case against Mst. Takharay has been filed under section 3/4 of Prohibition (Hudood) Ordinance, 1979. The allegation against her is, that she was found in possession of 32 grams of heroin.

2. Mr. Ghulam Sabir Niazi learned counsel for the applicant has submitted that provisions of section 52, Cr.P.C. have not been complied with as search has not been made by female witnesses. He has further submitted that applicant is a woman of 60 years old and mother of four children.

3. Mr. M.I. Memon, Addl. A.‑G. has stated that business of heroin has become common and it is serious offence therefore, under Hudood Ordinance punishment has been enhanced to imprisonment for life. He has opposed the bail application.

4. I agree with the learned Addl. A.‑G. that this is a serious offence. This Court has always been reluctant to grant bail in such cases under the circumstances which is favorable to the applicant in this case is that she is a woman having four children and Proviso (i) of section 497, Cr.P.C. provides an exception to the grant of bail to woman and sick etc. on the sole ground that she A is a lady of advanced age and mother of four children, I am inclined to exercise discretion in her favour. Since the offence is serious one, therefore, I admit her on furnishing heavy surety. She is directed to be released on bail on furnishing two sureties in the sum of Rs.25,000 each and P.R. Bon in the like amount to the satisfaction of the Sessions Judge, Karachi.

5. SA./T‑49/K Bail granted.