The petitioner Mst. Fozia Bibi has claimed post arrest bail in case FIR No, 161 dated 25.3.2012 registered under Section 9-A & 9-C of Control of Narcotic Substances Act, 1997 at Police Station, Shedani, District Rahim Yar Khan.
2. The allegation against the petitioner is that she was found in possession of 1600 grams of charas and 20 grams of heroin.
3. Learned counsel for the petitioner has contended that the case against the petitioner is false and fictitious one; the raid was conducted on spy information but no person from the public was joined at the time of raid; the petitioner is behind the bars from the last more than two months with a suckling baby, who is ill. Therefore, the petitioner is entitled to the concession of bail. Learned counsel for the petitioner has relied on Mst Nusrat v. The State (1996 SCM R 973) and Mst. Nasreen v.
State (1998 M LD 1350).
4. The application is opposed by the learned D.P.G. and it is contended that the petitioner was caught red-handed while carrying charas and heroine; the son of the petitioner is properly cared in the Jail and no cogent reason exits to enlarge the petitioner on bail. However, it is admitted that the petitioner has no previous criminal history.
5. We have heard the learned counsel for the petitioner and the learned Deputy Prosecutor General Punjab for State and have also perused the record very minutely.
6. Charas weighing 1600 grams and heroin weighing 20 grams were allegedly recovered from the accused petitioner; the petitioner is behind the bars from the last more than two months. The petitioner has also got a suckling child with her in Jail and according to the Medical Officer, District Jail, Rahim Yar Khan, the petitioner looks anemic, lethargic and her baby looks mildly dehydrated and she is being investigated for hepatitis and any other disease, if any. Her baby does not take extra milk except mother feed and according to the petitioner, the suckling baby is not properly feeding and is loosing his weight due to diarrhea. The welfare of the minor demands that he should not be made to suffer in Jail for the offences allegedly-committed by his mother. The -petitioner is previously non-convict and has got no criminal history.
7. In these circumstances, the petition is accepted and the petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs, 1,00,000/- with two sureties in the like amount to the satisfaction of triad Court.