1998 P Cr (PLP)
Mst. SAKINA BIBI and 2 others — Petitioners Versus THE STATE — Respondent
| Citation | 1998 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Mst. SAKINA BIBI and 2 others — Petitioners Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1998 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 P Cr (PLP) (Mst. SAKINA BIBI and 2 others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Syed Murtaza Ali Zaidi for Petitioners.
Headnotes / Summary
S. 497
Control of Narcotic Substances Act (XXV of 1997), S.9(b)
Accused were women and were in custody for the last about seven months
Case of accused being not covered by prohibitory clause, they were admitted to bail.
Judgment & Decree
S. 497
Control of Narcotic Substances Act (XXV of 1997), S.9(b)
Accused were women and were in custody for the last about seven months
Case of accused being not covered by prohibitory clause, they were admitted to bail. Syed Murtaza Ali Zaidi for Petitioners. Tahir Haider Wasti, A.A.-G. for the State. Date of hearing: 23rd September, 1997. The petitioners are required as accused persons in case F.I.R. No.43 of 1997 registered with Police Station Machiwal District Vehari under section 9(b) of the Control of Narcotic Substance Act, 1997. It is alleged that Mst. Khurshid Bibi has disclosed that the petitioner have brought heroin alongwith them and the same will be supplied to the customers. A raid was conducted and it was found that Mst. Zubaida Bibi and Mst. Naseem Bibi (petitioners), daughters of Farzand Ali, Jalal Din son of Allah Rakha, Noor Ahmad and Manzoor Ahmad son of Jalal Din were present in front of the house of petitioner Sakina Bibi who herself was coming out of the house. She was intercepted. The raiding party took into custody the aforesaid persons but Sakina petitioner managed to escape It is further alleged that polythene bag containing heroin weighing 50 grams each was recovered from each of the petitioner, therefore, the above said case was registered. According to the learned counsel the petitioners are women therefore, their case is covered by the proviso to section 497 Cr.P.C. Also that the quantity of heroin allegedly recovered from each of' the petitioner is 50 grams therefore, the case is covered by section 9(a) of the C.N.S.A. 1997. The same is not covered by the prohibitory clause. The police has erroneously applied section 9(b) because each of the petitioner is responsible for quantity of heroin allegedly held by her in possession.
2. Without making any comments on the merits of the case and considering that the petitioners are women; they are in custody for the last about seven months; their case is not covered by the prohibitory clause, they are admitted to bail on furnishing bail bonds in the sum of Rs.50,000 each with one surety each in the like amount to the satisfaction of the learned trial Court.
3. It is however, observed that surety should be a close relative of the petitioner and not a stranger. H.B.T./S-180/L Bail granted.