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2005 P C R L J 345

Mst. RAZIA vs THE STATE

Citation2005 P C R L J 345
CourtPeshawar High Court
Case No.Cr. Misc. No,1324 of 2004
Date2004-11-11
Judge(s)Dost Muhammad Khan
ResultBail granted

' Mst. Razia petitioner seeks bail in case F.I.R. No,682 dated 13-10-2004 registered' for offence under section 9, C.N.S. Act, 1997 by Police Station Pishtakhara, Peshawar.

2. According to the F.I.R., she was travelling in a Bus which was stopped and checked by Muhammad Sher Khan, S.H.O. At Ring Road and on her search the S.H.O. Recovered packet in her possession 1350 grams of Charas powder, which were taken into possession through recovery memo.

' Arguments heard and record perused.

3. Not only because the quantity exceeds 1000 grams by negligible margin and the case is a border line one between Clause "B" and "C" of section 9 C.N.S. Act where maximum punishment cannot be awarded A even if the charge is established besides, the petitioner is a female, a widow and mother of a suckling baby as stated in the petition hence case for grant of bail is made out.

' Accordingly this petition is allowed and the petitioner is granted bail in the sum of Rs,50,000 (Rupees fifty thousand) with two reliable local sureties each in the like amount to the satisfaction of the Illaqa Magistrate.

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