1. The petitioners who are ladies with suckling babies stand charged for having committed an offence punishable under section 9 of the Control of Narcotic Substance Act, 1997 Vide: F.I.R. No,16, dated 27-8-1997 registered at Police Station, Narcotics, Kohat because they were apprehended red-handed while transporting Charas, weighing 5 Kgs. each, hidden beneath their shirts.
2. Admittedly, the punishment provided for the offences, mentioned above, is either death or life imprisonment because the quantity of the narcotics recovered from their possession exceeds far more than one Kilogram. The petitioners cannot be, therefore, released on bail as laid down in section 51 of the said Act which reads:--- Section 51. No bail to be granted in respect of certain offence.--(1) Notwithstanding anything contained. in sections 496 and 497 of the Criminal Procedure Code, 1898 (V of 1898), bail shall not be granted to an accused person charged with an offence under this Act or under any other law relating to narcotics where the offence is punishable with death.
(2) In the case of other offence punishable under this Act, bail shall not be normally granted unless the Court is of the opinion that it is a fit case for the grant of bail and against the security of a substantial amount.
2. 3.This bail petition is without any merit and is accordingly dismissed.
3. 4.Since petitioners are both ladies, with suckling babies of tender age, and are behind the bar for the last 6 months, accordingly, the prosecution is directed to submit complete challan against them in the Court of Special Judge, Kohat within a period of 15 days failing which the petitioners shall be entitled to move the Court for their bail.
4. 5.It may also be remarked that when the challan is submitted in the Trial Court, as directed, then the Trial Court shall dispose of the said case within a period of 3 months positively. Failing which the petitioners shall be entitled to move the Trial Court for bail.
5. 6.The office is directed to send the record to the quarter concerned immediately.