On receipt of information with regard to the trafficking of contraband through the female folk from the tribal territory, GuI Mast Khan, SHO, P.S. Pishtakhara, alongwith police party set up barricade on the main road near Bara Qadeem Check post when in the meantime at 1900 hours, a bus coming from Bara was stopped wherein three ladies were found sitting. All the three ladies were deboarded and were asked about the contraband and they all willingly produced packets of Charas. As per F.I.R, three Kgs. Charas was recovered from the possession of accused lady Siraja, six Kgs from Mst.
Bakht Bibi and three KGs. From Mst. Toheed. Accordingly, all the three lady accused were arrested and a criminal case under section 9 CNSA was registered against them at Police Station Pishtakhara, vide F.I.R No,354, dated 29-7-2003.
2. On non-acceptance of their plea for the concession of bail by the Court below, the accused ladies have tapped the doors of this Court for the same relief.
3. Admittedly, there was prior information about the smuggling of contraband through the female folk, and it was morally incumbent upon the S.H.O. Who was heading the search party to have arranged for a female to search the said ladies but despite that no female constable was arranged and as such the blatant violation of section 52, Cr.P.0 has been made. It also seems preposterous and to be settled at the trial as to how it was possible to tie or wrap six Kgs. Of Charas with the string of Shalwar. The record also reveals that some of the accused ladies are with suckling babies and as such their presence with the accused ladies in the jail is neither reasonable nor desirable from ethical and religious point of view. In view of quantity and nature of contraband recovered from the accused/petitioners coupled with the infirmities pointed out above, I think the petitioners have a prima facie case for the grant of bail.
4. Accordingly, the accused petitioners are admitted to bail provided they furnish bail bonds in the sum of Rs,2 lacs each, with two sureties, each in the like amount, to the satisfaction of the Maga/Judicial Magistrate who shall see that the sureties are local, reliable and men of sufficient means.