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Petitioner: SAMINA BIBI VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Asif Saeed Khan Khosa, Tasaddaq Hussain Jillani Title: SAMINA BIBI vs THE STATE Case No.: Criminal Miscellaneous No.6352/B of 2002 Date of Judgment:2002-11-14 Reported As: 2003 YLR 2401 Result: Bail granted
Judgment ORDER 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.