Muhammad Anwar Khan Kasi, J.--The petitioner (Mst. Sidra wife of Zahid Khan) prays for post arrest bail in case FIR No, 441, dated 17-10-2011, under Section 9-C CNS Act, 1997, at Police Station Tarnol, Islamabad, on the ground that petitioner is a woman and has a suckling baby of about ten months and is again pregnant. Relying upon case reported as Mst. Nusrat versus The State (1996 SCM R 973), learned counsel submitted that the suckling child of the petitioner is innocent and keeping him in jail is incompatible with the concept of welfare of minor. Learned counsel also relied upon case laws 2009 PCr.LJ 702, 2009 PCr.LJ 475, 2004 PCr.LJ 20, 1998 M LD 1350. In all these cases bail was allowed on the sole ground of having a suckling baby.
2. Learned Standing Counsel opposed the bail petition on the ground that provisions of Section 497, Cr.P.C. are not strictly applicable in the cases under CNS and the extra-ordinary discretionary relief cannot be granted in heinous crimes against the society. He further submitted that the crime under CNS Act is not against individuals but against the society and, therefore, such accused are not entitled for the grant of bail on any ground whatsoever.
3. Heard and record perused.
4. The petitioner is facing trial under CNS Act,, 1997 and the suckling baby was handed over to her in jail by the order dated 2.11.2012 of learned ASJ Islamabad. In narcotic cases grant of bail is an exception and refusal is a rule because this heinous crime is corrupting the society as a whole and is trapping the youth in a web which entangles them in such a way that makes them useless commodity for the. society. The increased number of lodging of FIRs under CNSA, prima facie, show that the drug mafia is using women as carriers and in some cases the women with suckling child are also used to frustrate the proceedings by getting their bail through such tactics. The present petitioner is also pregnant and the jail authorities are directed to provide her every, possible medical aid through regular checkups and medicines and special, diet and if need be, she be shifted to jail ward of the hospital for proper medical checkup.
5. The grant of bail on the ground-of suckling baby would paves way to the drug traffickers to use/exploit the poor miserable ladies as carriers, for the trafficking of the narcotics which may encourage the commission of such offence while the trial of the case would also be hampered as there is always an apprehension of the abscondance of the accused. Prima facie, the petitioner is connected with the recovery of 4-KG of raw charas which falls under Section 9(c) CNS Act, 1997 and is punishable with more than 10-years imprisonment and fine.
6. With all reverence to the authorities quoted by the counsel for the petitioner, it is noted that there IS a distinction in an offence against individuals and the offence against the whole society: Such criminal acts, in any case, require a strict check. As far as precedents of early Islamic Age are concerned, again it is made clear that those were the simple times of innocent people who after the commission of offence, used to plead guilty voluntarily, asking for punishments. The facilities of jail ward and hospital were not there and such female offenders were found only occasionally. The Islamic history cannot quote more than .a few examples of such nature while in the present materialistic age, people have become crazy for illegal gains and, therefore, those precedents with all the respect of old traditions; cannot be made a general rule.
7. For the foregoing reasons, we are not inclined to exercise discretionary power in favour of the petitioner.
8. Resultantly, instant petition is dismissed.
9. Before parting with the order, we deem it proper to direct the learned Courts, seized with the trials of cases registered under CNS Act, 1997, to proceed with the cases of female under-trial prisoners haying suckling babies on top priority basis and make it convenient to dispose of the same not beyond period of one month. Likewise, we also direct the Prosecution Agency to ensure presence of PWs in such like cases before the learned trial Courts on the dates fixed and to extend all sort of assistance for doing the needful. Copy of this 'order be sent to the learned Trial Courts of CNS Act, 1997, SSP Islamabad and concerned, Prosecution Branch.