2013 PLP 913 (YLR)
Mst. PARVEEN BIBI — Petitioner Versus The STATE — Respondent
| Citation | 2013 PLP 913 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Shah Jehan Khan Akhundzada, J |
| Parties | Mst. PARVEEN BIBI — Petitioner Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2013 PLP 913 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP 913 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Shah Jehan Khan Akhundzada, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 913 (YLR) (Mst. PARVEEN BIBI — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ms. Farhana Marwat for Petitioner.
- Date of hearing: 1st January, 2013.
Headnotes / Summary
S. 497(1), first proviso
Control of Narcotic Substances Act (XXV of 1997), Ss.9(c) & 51
Female accused
Accused-lady was allegedly found in possession of 3 kilograms of charas
Although offence alleged was not bailable under S. 51 of Control of Narcotic Substances Act, 1997 and fell within the ambit of S. 497(1), Cr.P.C., but since accused was a woman and her case fell within the first proviso of S.497(1), Cr.P.C, therefore, her case was arguable for the purposes of bail
Quantity of charas allegedly recovered from accused was not likely to attract maximum punishment provided under S.9(c) of Control of Narcotic Substances Act, 1997 , if case against her was proved at trial
Quantum of sentence had to commensurate with the quantum of narcotics
Record showed that accused was a previous non-convict and was not involved in offences similar to the present one
Accused was released on bail in circumstances. Lal Jan Khattak, Add: A.G. for the State.
Judgment & Decree
SHAH JEHAN KHAN AKHUND-ZADA, J.
Petitioner Mst.Parveen Bibi facing prosecution in case F.I.R. No.622 dated 28-11-2012 registered under section 9(c) Control of Narcotic Substances Act, 1997 at Police Station University Town, Peshawar, was refused bail by the Courts below, hence instant petition for her release on bail hence, she has filed the instant petition for her release on bail.
2. Allegation against the petitioner is that on 28-11-2012, the Local Police of Police Station University Town, Peshawar arrested her while coming on foot from Jamrud Karkhano Market having black shopping bag in her hand. On search, three packets of charas pukhta each weighing 1 Kg (total three kilograms) were recovered from her possession, hence the case vide F.I.R. mentioned in the first paragraph was registered against him in Police Station University Town, Peshawar.
3. I have heard the learned counsel for the petitioner, learned State Counsel and have perused the available record.
4. No doubt, the offence is not bailable under section 51 of the C.N.S.A. and falls within the ambit of subsection (1) of section 497, Cr.P.C. However, the accused-petitioner is a woman and thus her case falls within the first proviso of subsection (1) of section 497, Cr.P.C. which makes her case arguable for the purposes of bail. Moreover, keeping in view the quantity allegedly recovered from the petitioner, she is not likely to get maximum punishment because the quantum of sentence has to commensurate with the quantum of narcotics, if case against her is proved at trial. There is nothing on record to show that the petitioner is a previous convict or involved in such like offences.
5. In view of the above discussion, the petitioner is entitled to the concession of bail. Hence, the petition in hand is allowed and accused-petitioner is directed to be released on bail provided she furnishes bail bond in the sum of Rs.1,00,000 (rupees one lac) with two sureties each in the like amount to the satisfaction of Illaqa/Duty/Judicial Magistrate. The sureties shall be relied and men of means.
6. Above are the reasons of my short order announced on 1-1-2013. MWA/17/P Bail granted.