' S.H.O., Police Station Khalabat Township on 9-4-1995 at 23-00 hours alongwith police party and while on mobile round of the area, was present near committee ground when a motorcar No,101- 872 Karachi, coming from Main Chowk, was intercepted.
2. On suspicion, a search was conducted and contraband heroin in two packs total weighing 100 grams was recovered from within the rear seat. Makhan Khan the driver and Mst. Iqbal Bibi a lady sitting on the rear seat were apprehended under Article 3/4/24 of Prohibition (Enforcement of Hadd) Order, 1979. Refused bail by the two forums below, Mst. Iqbal Bibi has come up to this Court.
3. Nothing is recovered from the personal search of Mst. Iqbal Bibi and the recovery is made admittedly from a vehicle which under Article 2(j) of the Prohibition Order is a "place" and not a "public place" as defined under Article 2(1) of the Order.
4. All the offences under Articles 3, 4, 8 and 11 of the Order due to the conjunction "and" used between Article 16(1)(a) and Article 16(1)(b) are not cognizable offences unless committed at a public place. The recovery from a vehicle is, therefore, not cognizable and thus the arrest of the petitioner Mst. Iqbal Bibi is yet to be justified by the prosecution, in the manner in which it is made.
No search of a private vehicle could be conducted without warrant and the arrest being illegal, the petitioner is entitled to be released on bail.
5. She is directed to be so released provided she furnished bail bond in a sum of Rs,60,000 with two local reliable and resourceful sureties each in the like amount to the satisfaction of Ilaqa Magistrate alone.