1. ' MAQBOOL AHMAD AWAN, J.---The applicant seeks bail in Case/ Crime No,5 of 2008 registered at Police Station ANF, District Hyderabad for offence punishable under section 9(c) of Control of Narcotic Substances Act, 1997.
2. ' The brief facts of the prosecution case are that arrested accused Mst. Shahjehan Bibi wife of Ashique Ali in Crime No,4 of 2008 dated 28-6-2008, during investigation disclosed that present applicant is doing the business of narcotics in her home and that she had purchased the narcotics from her and applicant has more too. On such information accused's protector Lady Constable Naheed Naz along with police man in Government vehicle proceeding to the pointed place and at about 1830 hours they saw one woman coming from Abdullah Centre having black shopping bag in her hand. The accused recognized that she is Farazana (the present applicant) from whom she had bought the narcotics, therefore, police arrested Farzana and tried to make private mashirs but the people available at spot refused to do so. Thereafter, in presence of HC Rahim Bux and HC Sher Muhammad the said woman's name and address were asked who disclosed her name Farzana wife of late Budhal and the black shopper was taken into custody and it was checked and found four frail pack Kaffee sologon packet were found which were opened and checked from every packet inside the red plastic solid Charas in the shape of strips were lying. On weighing the each packet it was having weight of 1Kg each packet and 10 grams of Charas were separate from each packet for chemical analyzer and sealed in brown envelop and rest of the property was tagged.
3. Nos.1 and 4 put in shopping bag and separately sealed in white cloth bag. Accused was searched by lady constable so one mobile phone and Rs, 100 were recovered, then accused was arrested and accused along with case properties were brought at police station where the complainant lodged present F.I.R.
4. ' The learned counsel for applicant has contended that the applicant is innocent and has been involved by the complainant on the statement of co-accused Mst. Shah Jehan Bibi; that the name of applicant has been placed in challan as Mst. Farzana who is a married woman; that alleged recovery has been foisted upon her; that story advanced by the complainant party appears to be un-natural, un-believable and managed one; that the applicant is daughter of Saleh Umrani and is an un-married young girl, that only 10 grams from each slab has been taken as sample; that the Honourable Apex Court under such situation granted bail to accused; that the applicant is a young girl and never been involved in any case of narcotics; that in place of real accused, the present applicant has been involved by the police; that there appears no reasonable ground to believe that the applicant has committed any offence whatsoever; that the applicant being a lady is in custody since the date of his arrest i.e, 28-6-2008 and till today the trial has been concluded and on this ground alone, the applicant is entitled for concession of bail. In support of his contentions, he has placed reliance upon the cases reported as:--
(1) Rehmat Zaman and another v. The State, reported in 2008 M LD 1589.
(2) Nazir Ahmed v. The State, reported in 2004 PCr.LJ 27.
(3) Muhammad Essa v. The State, reported in PLD 2008 Kar.
5. 112.
(4) Sayed Ghulam Mustafa v. The State, reported in 2007 PCr.LJ 139.
6. ' Mr. Amjad Ali Sahito, learned Special Public Prosecutor for A.N.F. Has seriously opposed the grant of bail on the ground that 4 Kgs of Charas was recovered from the possession of applicant and therefore, she is not entitled for grant of bail. He further argued that applicant was apprehended on the pointation of co-accused who admitted that she used to purchase the narcotics from the applicant/ accused.
7. ' I have heard learned counsel for the parties and perused the entire case minutely.
8. It is alleged in the F.I.R. That the applicant being a woman was apprehended and 4 Kgs of Charas was alleged to have been recovered from her possession. It is further alleged that she was apprehended by complainant party on the pointation of co-accused who during the course of interrogation alleged that she had purchased the narcotics from the applicant. The applicant being a woman is in custody for last more than 8 months and the trial has not yet been concluded and the applicant is entitled to bail under fifth proviso of A section 497, Cr.P.C. Considering the above aspect of the case coupled with continuous detention of the applicant for more than 8 months, I am of the considered view that applicant has made out a case for grant of bail.
9. Accordingly, I allow this bail application and grant the bail to the applicant subject to furnishing surety in the sum of Rs,200,000 (Rupees two lac) and P.R. Bond in the like amount to the satisfaction of the learned trial Court.