ASSADULLAH KHAN CHAMMKANI, J.- Petitioner Mst. Javeria seeks bail in case FIR No.80 dated 07.11.2015, registered under section 9 (c ) Control of Narcotic Substance Act,1997 in Police Station ANF, Peshawar, wherein she is charged for having been found in possession of six Kilograms opium by the ANF officials on 07.11.2015 at 1100 hours near motorway Toll Plaza Peshawar, when she was travelling in a vehicle.
2. Arguments heard and record perused.
3. It appears from the FIR that at the time of her arrest, the petitioner was having her 1 1/2 years old suckling baby/ daughter in her lap who is still with her inside the Jail. No doubt considerable quantity of the opium has been shown recovered from her possession but her suckling daughter in her lap is languishing in jail with her mother for no sin. The concept of welfare of minor is irreconcilable with the life of jail. Thus, instead of detaining an innocent infant in the jail for the crime allegedly committed by her mother, it would be in the interest of justice as well as welfare of minor if her mother is released from the jail. In the famous case of Ghamidiyya, the Holy Prophet Muhammad (Peace be upon Him), had suspended the sentence on a pregnant woman, not only till delivery of her child but also till suckling period i.e. two years, obviously for the welfare of her child, which depict that paramount importance and significance of the right of a suckling child in Islam. While following the golden principle of administration of justice enunciated by the Holy Prophet Muhammad (Peace be upon Him), I, without touching the merits of the case allow this petition and release the petitioner on bail subject to her furnishing bail bonds in the sum of Rs.3,00,000/- with two local, reliable and resourceful sureties each in the like amount to the satisfaction of learned Illaqa Judicial Magistrate.