Through this petition, Mst. Kauser Perveen, petitioner seeks bail after arrest in case F.I.R. No, 450 dated 21.5.2011 under Section 9(c) of the Control of Narcotic Substances Act, 1997 registered at Police Station Hanjarwal, Lahore.
2. It is the prosecution case that on secret information the petitioner was apprehended and 1150 grams charas was recovered from her possession alongwith an amount of Rs.1350/-.
3. Learned counsel for the petitioner contends that the petitioner has been falsely involved; that she was apprehended on 21.5.2011 but the trial has not even started and no useful purpose would be served by detaining the petitioner in jail for indefinite period; that the petitioner being a woman is entitled to certain exceptions and there is no previous record of the petitioner and at the most she can be considered first offender. Learned counsel further argued that 1150 grams charas was recovered from the petitioner as such it can be considered as borderline case and the petitioner is entitled to bail.
4. On the other hand learned Law Officer submits that huge quantity of narcotics has been recovered from the petitioner as such she is not entitled to any concession.
5. We have heard the learned counsel for parties and have also gone through the record.
6. The petitioner is admittedly not previous record holder as such she can at the most be considered as first offender. She is a woman and only 1150 grams charas was allegedly recovered from her so this appears to be a border line case between Section 9(b) and Section 9(c) of the Control of Narcotic Substances Act, 1997 and it will be seen after recording evidence as to what offence the petitioner has committed. Challan has been submitted and person of the petitioner is no more required for investigation. There are certain allegations that the case has been registered malafidely. The matter can only be resolved after recording evidence whereas the trial has not yet commenced and the petitioner cannot be detained in jail for indefinite period. In the circumstances, the petitioner is allowed bail subject to her furnishing bail bonds in the sum of Rs.2,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court.