2013 PLP 1860 (MLD)

QAISER RASHID KHAN, J.- Being unsuccessful in getting bail from the court of learned Judge Special Court, Peshawar vide order dated 2-1-2013, the accused/petitioner Mst. Nazo has come up to this court for the same relief in case F.I.R. No.1493 dated 27-12-2012 registered under section 9(c) of the Control of Narcotic Substances Act at Police Station Hayatabad, Peshawar.

2. The allegations as contained in the F.I.R. lodged on the report of Namdar Khan SI, Police Station Hayatabad, Peshawar are that on 27-12-2012 at 1630 hours, the accused/petitioner while travelling in a motorcar No.5090/LRR was found in possession of five kilograms of charas tied with the string of her trouser.

3. Learned counsel for the petitioner contended that the accused/petitioner is innocent and has been falsely charged; that the occurrence is alleged to have taken place at a busy place but the local police failed to associate any independent witness to the search and recovery proceedings; that co-accused of the petitioner has already been released on bail and that the accused/petitioner is not only a mother of a suckling baby, but also pregnant of four months and thus she is entitled to the concession of bail.

4. Conversely, the learned State counsel while opposing the bail petition tooth and nail supported the impugned order on the grounds as enumerated therein.

5. Arguments heard and record perused.

6. As per the F.I.R., on 27-12-2012, Namdar Khan SI along with Zar Wali Khan A.S.I., Zakir Khan No.1822 had laid 'Nakabandi' at Karkhano Check post when at 1630 hours, a motorcar No.5090/LRR wherein two women were sitting was stopped on suspicion. Through lady constable Rifat, they were alighted from the motorcar and searched. On the personal search of the accused/petitioner, five packets of charas containing 1 kilogram charas each tied with the string of her trouser were recovered which on weighing came to be five kilograms. The other woman disclosed her name as Mst. Bakht Zari wife of Usman Jan. The contraband charas was taken into possession vide recovery memo witnessed by Zarwali Khan, ASI, Zakir Khan No.1822 and Rifat No.5707. The samples taken from the charas were sent to F.S.L, the report of which is in positive. At present, nothing is available on the record to show that the witnesses had any mala fide or ulterior motive to falsely implicate the petitioner. The case of the accused/petitioner is distinguishable from her co-accused who has been released on bail. The argument of the learned counsel for the petitioner that the accused/petitioner has a suckling baby and is also pregnant of four months is not convincing. Had the petitioner been concerned about her suckling baby, she would not have resorted to indulge in such activity which has afflicted our whole society and especially the younger generation. Off late, the mafia engaged in narco-business has devised new modes and means of smuggling by employing ladies and youngsters in the hope that even if caught red handed, they may be extended the concession of bail by the courts on the ground of womanhood or juvenility as the case may be. Such conduct amounts to taking liberty with the law of the land.

7. Taking a tentative assessment of the available record, the accused/petitioner is prima facie connected with the commission of offence and is thus not entitled to the concession of bail. However, as the challan in the case is complete, therefore, the prosecution is directed to submit the same within a fortnight, whereafter the learned trial judge should decide the case within two months.

8. For the reasons mentioned above, the instant bail petition being bereft of any merit is hereby dismissed.

9. Any observations made in the order being tentative in nature should in no way prejudice the proceedings before the learned trial Court. MWA/236/P Bail refused