(Mst) KALSOOM BIBI Versus THE STATE

CriminalMisc. No. 45-B of 1995, decided on 19th March, 1994.

ORDERRAJA ABDUL AZIZ BHATTI, J.- Brief facts of the case are that Ata Ullah Khan ASI of Police Check Post, Attock Khurd, District Attock, lodged report in the Police Station Attock Khurd to the effect that the present petitioner along with her son Hamayun was present in Suzulii Car No.BRC/9845 which was being driven by him. They were coming from Peshawar. When the vehicle reached near the Check Post, it was stopped and search was carried out. During search, 10 Kilogram Heroin was recovered from a cavity in the shape of oil cane separately fitted in the vehicle. The recovered Heroin was taken into possession. Both the accused, Driver Hamayun and his mother, the present petitioner, Mst. Kalsoom Bibi, were arrested. During investigation, both the accused were found guilty and challaned to Court.

2.Learned counsel for the petitioner seeks bail on the following grounds:-

(a)that the petitioner is a lady. She is aged 60 years and is patient of heart disease. Learned counsel has placed on record certain documents showing her sickness. On the last date of hearing, a report was also called from the Medical Superintendent, DHQ Hospital. In pursuance to that order, the report has been sent by the M.S. District Headquarters Hospital, which is dated 73.1995. According to the doctor, she was examined and found suffering from hypertension and chronic bronchitis;

(b)that in the given circumstances, it cannot said that the petitioner was aware of the presence of 10 kilograms of Heroin allegedly kept in the secret cavity of the car;

(c)that during investigation, nothing was recovered from her; and (d) that the petitioner being lady, her case do not fall under the prohibitory clause of section 497 Cr.P.C.

3.On the other had, learned AAG assisted by Raja Ayub Kiani,. Advocate, opposed the bail application vehemently and stated that huge quantity of Heroin has been recovered from the Suzuki Car which was being driven by her son. In the circumstances, it is to be presumed that recovery was effected from the possession of the petitioner as well.

4.After arguing the case at quite length, learned counsel for the State conceded that she is aged 60 years and presently suffering from a heart disease. Besides that, presently it cannot be presumed that Heroin was recovered from the person of the petitioner. At the most, it can be said that it was kept in a secret cavity which also create doubt so far as the conscious possession of the petitioner is concerned.

5.I have heard the learned counsel for the parties, perused the contents of the FIR and gone through other documents pertaining to the sickness of the petitioner.

It is an admitted fact that the petitioner is aged 60 years suffering from a disease which may be dangerous to her life if she is any more kept in jail For this very reason and her being a female, her case does not fall under the prohibitory clause of section 497 Cr.P.C. Without dilating upon the merits of the case, I accept this petition and grant her bail in the sum of Rs.One lac with two sureties, each in the like amount, to the satisfaction of R.M./Assistant Commissioner, Attock.

Judges on this bench

Raja Abdul Aziz Bhatti85 judgments