Bail is sought in case F.I.R. No,907 of 1998, dated 6-12-1998 under section 9-C (should be 9-B) of Control of Narcotic Substances Act, registered with Police Station, City Muzaffargarh.
2. Prosecution version is that the petitioner was apprehended and from her possession one kilo opium was recovered:
3. Additional Sessions Judge, Kot Addu Camp at Muzaffargarh refused the bail application on 4-2- 1999.
4. Learned counsel for the petitioner states that maximum imprisonment provided under section 9- B of the Act is seven years. Further, states that the petitioner has a milk suckling baby of about 1-1/2 years and it is highly detrimental to the health of the child to be detained in jail where the atmosphere is not congenial for her proper bringing up.
5. Learned counsel for the State submits that the husband, father and mother of the petitioner also deal with narcotics and number of cases are pending against them. He has been unable to state whether any other case is registered against the petitioner.
6. We have considered the arguments of the learned counsel for the parties. Since the petitioner is a lady, offence levelled against her does not fall within the prohibitory clause and she has a milk suckling baby, we are inclined to enlarge the petitioner on bail provided she furnish security in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of trial Court.