SAMINA BIBI vs THE STATE
The petitioner sought post-arrest bail in a case registered under sections 6/9 of the Control of Narcotic Substances Act, 1997 and Articles 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979, following the alleged recovery of one kilogram of Charas. The core legal question was whether the petitioner, a woman with minor children and not a previous convict, was entitled to the concession of bail given that the alleged offence did not fall within the prohibitory clause. The Lahore High Court allowed the petition and held that since the petitioner was a woman with a one-year-old child, was not a previous convict, and the offence did not fall within the prohibitory clause of section 51 of the Control of Narcotic Substances Act, 1997, she was entitled to bail. The key principle laid down is that the humanitarian consideration of being a woman with infants, coupled with the offence falling outside the prohibitory clause, constitutes a strong ground for granting bail.
- Is a woman accused of an offence under the Control of Narcotic Substances Act, 1997 entitled to bail if the offence does not fall within the prohibitory clause?
- Does having the care of young children constitute a ground for granting bail to a female accused?
- Section 6, Control of Narcotic Substances Act 1997
- Section 9, Control of Narcotic Substances Act 1997
- Section 51, Control of Narcotic Substances Act 1997
- Section 497, Code of Criminal Procedure 1898
ORDER
TASSADUQ HUSSAIN JILANI, J.---Petitioner seeks bail in a case registered vide F.I.R. No.438 of 2002 dated 9-7-2002, under sections 6/9, Control of Narcotic Substances Act, 1997 and under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order (4 of 1979), Police Station Shamali Chhowni, Lahore.
2. The prosecution story is that on the fateful day on a raid conducted Charas weighing one K.G, was recovered froth her.
3. Learned counsel for the petitioner seeks bail on the ground that the offence alleged does not fall in the prohibitory clause or section 497, Cr.P.C. That the petitioner is a woman; that she has five young daughters and youngest is one year old; that she has no male issue and that her husband is not employed.
4. Learned State Counsel opposes the petition by submitting that the petitioner is accused of serious offence; that she is specifically named in the F.I.R. And was caught red-handed.
5. Heard.
6. Petitioner is a woman and admittedly, she has five daughters, the youngest being merely one year old. She is not, a previous convict. The offence does no fall in the prohibitory clause of section 51 of the Control of Narcotic Substances Act. 1997. In the afore-referred circumstances this petition is allowed and it is directed that subject to her furnishing bail bond in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of learned trial Court shall be released on bail.
Cited by 1 case
- Mst. NOREENA vs THE STATE 2005 YLR 3269