' Petitioner Mst. Latifan Bibi through the instant petition has sought post-arrest bail in case F.I.R. No, 114, dated 23-3-2005 under section 9-C of the Control of Narcotic Substances Act, 1997 and under Articles 3/4 of the Prohibition Order, 1979 registered with Police Station City, Pakpattan Sharif.
2. The learned counsel contends that the petitioner has a suckling baby who too is lodged in jail; and that there is no evidence about the quantity of opium allegedly recovered from the petitioner.
3. On the other hand, the learned counsel for the State opposed the grant of bail by submitting that it is an heinous offence and grant of bail in such-like cases is normally refused.
4. We have carefully considered the submissions advanced by both the learned counsel for the parties and perused the record with their assistance.
5. The petitioner was arrested on 23-3-2005. She was holding a shopping bag in her hand and on search opium was recovered. What was the quantity of opium allegedly recovered from the petitioner is not finding mention in the F.I.R.? No evidence has been collected to ascertain as to what was the quantity of narcotics allegedly recovered from the petitioner's possession. The petitioner has a suckling child. A Copy of birth entry issued by Union Council No, 3 has been placed on the record to prove her age. The petitioner is a female. She is entitled to the concession of bail on the ground of having a suckling baby lodged with her in jail and more particularly when exact quantity of narcotics recovered from her is not ascertainable.
6. For what has been discussed above, we allow this petition and admit the petitioner to bail subject to her furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one lac) with one surety in the like amount to the satisfaction of the learned trial Court.