SCMR 2021

2021 PLP 799 (SCMR)

ZAINAB — Petitioner Versus The STATE — Respondent

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Criminal Petition No. 1279 of 2020, decided on 14th December, 2020.
Honorable Judges
Umar Ata Bandial, Sajjad Ali Shah and Sayyed Mazahar Ali Akbar Naqvi, JJ
Case Reference Summary (AEO Optimized)
Citation 2021 PLP 799 (SCMR)
Forum / Court Supreme Court of Pakistan
Bench Members Umar Ata Bandial, Sajjad Ali Shah and Sayyed Mazahar Ali Akbar Naqvi, JJ
Parties ZAINAB — Petitioner Versus The STATE — Respondent
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2021 PLP 799 (SCMR)?

This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2021 PLP 799 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Umar Ata Bandial, Sajjad Ali Shah and Sayyed Mazahar Ali Akbar Naqvi, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2021 PLP 799 (SCMR) (ZAINAB — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • Iltaf Samad, Advocate Supreme Court for Petitioner.

Headnotes / Summary

S. 497

Control of Narcotic Substances Act (XXV of 1997), S. 9(c)

Possession of 6.250 kg of charas

Petition for post-arrest bail

DNA test of suckling baby

Accused lady contended that she was arrested with a two years suckling baby, therefore, she be enlarged on bail

Held, that the question of hizanat would come under consideration for grant of bail, therefore, before proceeding further, the DNA test of the child must be carried out, so as to ascertain her age and relationship with the accused

Case was adjourned till DNA report was received. Ayaz Shaukat, D.A.G. for the State.

Judgment & Decree

SAYYED MAZAHAR ALI AKBAR NAQVI, J.

Through this petition the petitioner seeks post-arrest bail in case registered vide FIR No. 156 of 2020 dated 27.07.2020 under section 9(c) of Control of Narcotic Substances Act, 1997, at Police Station One Battalion Pak Coastguards, Uthal for allegation of recovery of 6.250 kilograms of charas.

2. At the outset, it was contended by the learned counsel for the petitioner that the petitioner was arrested with a two years suckling baby. In this view of the matter, the question of hazanat would also come under consideration for grant of bail. Before proceeding further, we direct that DNA test of the child namely Malaika be carried out, so as to ascertain her age and relationship with the petitioner. The case is adjourned. To come up immediately after the report of the DNA is received. MWA/Z-3/SC Order accordingly.