' MUHAMMAD RAZA KHAN, J.--The petitioner, Mst. Rukhsana, has been charged in F.I.R. No,312 dated 28-4-2006 of Police Station Gul Bahar for having been found in possession of a bag containing 11 packets of charas weighing one kilogram each and thus she was arrested under section 9(c)
CNSA. Her applications for bail were not entertained by the two Courts. Hence this petition.
2. The arguments that the raiding police party had the prior information but there was no arrangements of the lady police constable with the team for the search of the petitioner-lady and that she was also having a suckling baby are devoid of force because the baby was allegedly not present with the petitioner at the time of her arrest and the baby was also about 2-1/2 yeas old so the term "suckling baby" is not attracted to this case and no benefit can be extended to the petitioner on this count. She has been charged for carrying huge quantity of 11 kilograms Charas and the minor procedural irregularities does not negate the effect of such a huge recovery. The quantity as recovered from her possession could have devastating effect on the A society.
Therefore, the case of the petitioner for her release on bail did not justify on merits.
3. However, in accordance with the latest amendment, the extra ordinary relief has been extended to the women prisoners. They have to be released on bail except in the cases where the punishment prescribed as death or imprisonment upon ten years and that to in a restricted categories of terrorism, financial corruption and murder. The offences under the CNSA are not excluded from the said proviso. Such an unqualified concession shall affect the women-folk more seriously because thereby they are likely to be used as carriers and so scared position of female citizens will be tainted and the ladies who were generally expected to be good mothers for the bright future of the nation, shall be' used as drug traffickers in a pursuit exactly damaging for the entire society. Nonetheless, in the wisdom of the legislature, since no exception has been specified in the said provision for not extending the benefit for the offences under the CNSA, therefore, deposit the serve punishment of death and imprisonment for life under section 9(c) CNSA for the quantity of 10 kilograms and above, the petitioner has to be released on bail pursuant to the latest amendment in the Cr .P.C.
4. The argument that section 497, Cr.P.C. Has been specifically excluded from the operation of CNSA shall not be of much advantage to the prosecution, because the newly added proviso to section 497, Cr.P.C. Extended the facility to the offences under the laws for the time being in force and this the CNSA could not be deemed to be an exception.
Consequently this application is allowed and the petitioner shall be released on bail subject to her furnishing bail bond in the sum of Rs, two lacs with two sureties each in the like amount to the satisfaction of Ilaqa/Judicial Magistrate.