Saeedan Bibi V. The State,

2018 Y L R 1674 [Balochistan] Before Mrs. Syeda Tahira Safdar and Zaheer ud Din Kakar, JJ SAEEDAN BIBI ---Applicant Versus The STATE---Respondent Criminal Bail Application No.48 of 2017, decided on 16th May, 2017. Criminal Procedure Code (V of 1898) --- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), S. 9(c) ---Possession of narcotic drugs ---Bail, grant of ---Further inquiry -- -Person who allegedly informed police regarding accused (suspect lady) was not brought as witness ---Neither travelling ticket of Bus was taken into possession nor registration number of the bus was mentioned in the FIR ---Quantity of contraband and expected quantum of punishment would be taken into account while allowing bail to accused person--- Investigation of case had already been finalized and challan had been submitted before Trial Court and thus physical custody of accused was not required for the purpose of investigation---Case of accused fell within the ambit of S. 497(2), Cr.P.C.--- Bail was granted accord ingly. Attaullah Langove for Applicant. Mrs. Noor Jehan Kahoor, Addl: P.G. for the State. Date of hearing: 11th May, 2017. ORDER ZAHEER -UD-DIN KAKAR, J. ---The applicant Saeedan Bibi seeks post -arrest bail in Crime No.43 of 2017 dated 10.4.2017, under Section 9(c) of the Control of Narcotic Substances Act, 1997, lodged with Police Station, Kuchlak.

2. Plea of post arrest bail of the applicant did not find favour with the Special Judge, Control of Narcotic Substances, Quetta who dismissed her Bail Applic ation bearing No.115 of 2017, vide order dated 24.4.2017, hence this application.

3. Precisely stated facts of the case are that, on 10.4.2017, the complainant along with other police officials, during gasht received information through mobile cell, from N asibullah, Munshi of New Mekhtar Transport Company, that a suspected lady sitting on seat No.23 of the Bus, proceeding from Quetta to Bahawalpur, have a suspected bag. On such information, at about 5:15 p.m., the police party stopped the Bus and on the poi ntation of the Munshi, personal search of the lady sitting on seat No.23 was conducted, who on query, disclosed her name as Saeedan Bibi wife of Munir Ahmed, having a hand bag (purse) on her right shoulder, which was checked, as a result of search, baked charas weighing two kilograms was recovered.

4. Learned counsel for the applicant contended that the applicant is innocent and has not committed any offence; that there is no iota of evidence available with the prosecution against the accused/applicant; that the applicant is patient of Hepatitis 'C', therefore, on medical ground, she is entitled for grant of bail; that the offence committed by the applicant is to be determined after recording of the evidence by the trial Court; that the applicant is neither a previous convict nor involved in such like cases; that investigation of the case has been completed and she is no more required for further investigation, therefore, being a case of further inquiry the applicant is also entitled for grant of bail.

5. Conversely, the learned APG opposed the bail application on the ground that two kilogram charas was recovered from the immediate possession of the applicant and FSL report in respect of the contraband is also in positive, therefore, the applicant is not entit led for concession of bail as the offence is covered by the prohibitory clause of section 497, Cr.P.C.

6. We have heard the learned counsel for the parties and have none through the available record. It is case of the prosecution that on 10.4.2017 at about 5:15 p.m., the police party stopped a Bus and on pointation of Munshi Nasibullah, personal search of the lady sitting on seat No.23 was conducted, who on query disclosed her name as Saeedan Bibi wife of Munir Ahmed, having a hand bag (purse) on her right shoulder, which was checked, as a result of search, baked charas two kilogram was recovered. After perusing the record carefully with the assistance of the learned counsel for the applicant and the learned APG, the case of the applicant falls within the ambit of section 497(2) of the Cr.P.C. being one of further inquiry because the Munshi of the Bus namely Nasibullah was not made as a witness, who allegedly, informed the police regarding suspect lady, neither ticket of seat No.23 was taken into possession nor registration number of the Bus was mentioned in the FIR. Furthermore, it is the consistent view of the superior Courts that for the purpose of bail in such like offences, the quantity of contraband and the expected quantum of punishment to be awarded at the trial has to be taken into account while allowing bail to the accused person. Besides, the investigation of the case in hand has already been finalized and Challan has been submitted before the trial Court and, thus, the physical custody of the applic ant is not required at this stage for the purposes of investigation.

7. Thus, in such view of the matter, the applicant Saeedan Bibi wife of Munir Ahmed is admitted to bail subject to furnishing bail bond in the sum of Rs.100,000/ - (rupees one lac) with PR bond of the like amount to the satisfaction of the Additional Registrar of this Court or the trial Court. WA/88/Bal Bail granted.