P L D 2004 Peshawar 228 (PLP)
Mst. SIRAJA and 2 others — Petitioners Versus THE STATE — Respondent
| Citation | P L D 2004 Peshawar 228 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | Mst. SIRAJA and 2 others — Petitioners Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in P L D 2004 Peshawar 228 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2004 Peshawar 228 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2004 Peshawar 228 (PLP) (Mst. SIRAJA and 2 others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Noor Alam Khan for Petitioners.
Headnotes / Summary
Ss. 497 & 52
Control of Narcotic Substances Act (XXV of 1997), S. 9
As there was prior information about the smuggling of contraband through female folk, it was morally incumbent upon S.H.O., who was heading the search party to have arranged for a female to search accused ladies, but no female Constable was arranged and blatant violation of S. 52, Cr.P.C. had been made
Preposterous and to be settled at the trial as to how it was possible to tie or wrap six Kgs, of Charas with the string of Shalwar
Record had revealed that some of the accused ladies were with suckling babies and their presence with accused ladies in the Jail was neither reasonable nor desirable from ethical and religious point of view
Accused had prima facie case for the grant of bail
In view of quantity and nature of contraband recovered from the accused
Judgment & Decree
Noor Alam Khan for Petitioners. Muszat Hussain for the State. Date of hearing: 13th October, 2003. On receipt of information with regard to the trafficking of contraband through the female folk from the tribal territory, Gul Mast Khan, SHO, P.S. Pishtakhara, alongwith police party set up barricade on the main road near Bara Qadeem Check post when in the meantime at 1900 hours, a bus coming from Bara was stopped wherein three ladies were found sitting. All the three ladies were deboarded and were asked about the contraband and they all willingly produced packets of Charas. As per F.I.R, three Kgs. Charas was recovered from the possession of accused lady Siraja. six Kgs from Mst. Bakht Bibi and three KGs. From Mst. Toheed. Accordingly, all the three lady arrested and a criminal case under section 9 CNSA was registered against them at Police Station Pishtakhara, vide F.I.R No.354, dated 29-7-2003.
2. On non-acceptance of their plea for the concession of bail by the Court below, the accused ladies have tapped the doors of this Court for the same relief.
3. Admittedly, there was prior information about the smuggling of contraband through the female folk, and it was morally incumbent upon the S.H.O. who was heading the search party to have arranged for a female to search the said ladies but despite that no female constable was arranged and as such the blatant violation of section 52, Cr.P.C has been made. It also seems preposterous and to be settled at the trial as to how it was possible to tie or wrap six Kgs. of Charas with the string of Shalwar. The record also reveals that some of the accused ladies are with suckling babies and as such their presence with the accused ladies in the jail is neither reasonable nor desirable from ethical and religious point of view. In view of quantity and nature of contraband recovered from the accused/petitioners coupled with the infirmities pointed out above, think the petitioners have a prima facie case for the grant of bail.
4. Accordingly, the accused petitioners are admitted to bail provided they furnish bail bonds in the sum of Rs.2 lacs each, with two sureties, each in the like amount, to the satisfaction of the Illaqa/Judicial Magistrate who shall see that the sureties are local, reliable and men of sufficient means. H.B.T./164/P Bail granted.