2003 PLP 2401 (YLR)
SAMINA BIBI — Petitioner Versus THE STATE — Respondent
| Citation | 2003 PLP 2401 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Tassaduq Hussain Jilani and Asif Saeed Khan Khosa, JJ |
| Parties | SAMINA BIBI — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2003 PLP 2401 (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 2003 PLP 2401 (YLR)?
The case was heard and decided by the Lahore bench comprising: Tassaduq Hussain Jilani and Asif Saeed Khan Khosa, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 2401 (YLR) (SAMINA BIBI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Hussain Malik for Petitioner.
Headnotes / Summary
S. 497, first proviso
Control of Narcotic Substances Act (XXV of 1997), Ss.6/9/51-- Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3/4
Accused was a woman and had five daughters, the youngest being merely one year old
Accused lady was not a previous convict and offence against her did not fall under prohibitory clause of S.51 of Control of Narcotic Substances Act, 1997
Accused was admitted to bail, in circumstances. Miss Rabia Bajwa for the State.
Judgment & Decree
TASSADUQ HUSSAIN JILANI, J.
Petitioner seeks bail in a case registered vide F.I.R. No.438 of 2002 dated 9-7-2002, under sections 6/9, Control of Narcotic Substances Act, 1997 and under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order (4 of 1979), Police Station Shamali Chhowni, Lahore.
2. The prosecution story is that on the fateful day on a raid conducted Charas weighing one K.G, was recovered froth her.
3. Learned counsel for the petitioner seeks bail on the ground that the offence alleged does not fall in the prohibitory clause or section 497, Cr.P.C. that the petitioner is a woman; that she has five young daughters and youngest is one year old; that she has no male issue and that her husband is not employed.
4. Learned State Counsel opposes the petition by submitting that the petitioner is accused of serious offence; that she is specifically named in the F.I.R. and was caught red-handed.
5. Heard.
6. Petitioner is a woman and admittedly, she has five daughters, the youngest being merely one year old. She is not, a previous convict. The offence does no fall in the prohibitory clause of section 51 of the Control of Narcotic Substances Act. 1997. In the afore-referred circumstances this petition is allowed and it is directed that subject to her furnishing bail bond in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of learned trial Court shall be released on bail. H.B.T./S-611/L Bail granted.