Mst Gul Meena Vs The State

a

{ 4c aa

Jt te

BEFORE EP 5

IGH COURT P

Cr. Boil Applicotion No:- u/ ?ot7

Mst: Gul Meena Wo Hanif Gul R/o Aka ( Khel, Kalanga, Tehsil Bara, .District Khyber Agency, Now Central Jail, Peshawar.

. . .. Accused/Petitioner

],flcrluo The State . Respondent

Case FIR No:- 90 - 12t 11t2017 Charge U/s I (C).C.N.S.A Police Station:- ANF. Peshawar

APPLICATION FOR THE GRANT OF POST

ARREST BAIL TO THE ACCUSE.D i PETITIONER

TILL FINAL DISPO OF THE CASE.

Re sp e ctfully S h ew e t h : -

I That accused/petitioner I.r innocent and has falsely 2 That the accused/petitioner applied for her release on bail in the court of learned Judge Special Court (CNS), Peshawar, whtch was turndown. (Copy of application and order are attached).

3 That aggrieved from the order, the accused/petitioner approached to thts Honourable Court for his release on bail on thefollowing grounds amongst other:- A T ED' FH,E^trtftODrlU 5 FEBdM, nqrruryld6m,m

11sEf;.fli/ir,

--_--L:

rv

,_-_-E

I

ill

JUDGMENT SHEET

IN TIIE PESHAWAR HIGH C

PESHAWAR

(ludicial Department)

Cr.M B.A. No. 2774.-P/2017.

JUDqMENT Date of hearing: 04.91.2018

Pe(itioner:- (MsL Gul Wenal bv Mr. Sglui Khan,.Advocdte.

Resoondefit:- (The State/ANFt bv Mr. Tariq Kakor. Soecial Prosecuton *** *Jrrr

MOHAMMAD IB IM KHAN. J.. On her

implication, the accused/Petitioner Mst. Gul Meena in case FIR No. 90 dated 12.11,2017 chatged under section 9 (C) CNSA registered at Police Station ANF Peshawar is optimistic for the grant of her post arest bail.

2.Prior to, the prayer of the Petitioner for the similar relief before the Court of learned Judge Special Court (CNS) Khyber Pakhtunkhwa Peshawar was dismissed in slipshod manner for s_.-,\td- reasons that " huqe quantib)'gf contraband Chars has been recovered front the direct personal possession of the aQcwed/Petitioner. The data r"it.:l)

A

!'l i: ,i L) l: ii r'1

N.ub (S.8.) Hon'bl. iltn Jurth.IHohrherd lbnhlm Xtrn 5 FEB 2018

I

o available 'on .{ile prima facie connects the accused/Petitioner with . the commission gjf o.fence falling wtthin (ke prohibitory clause qf section 49.7 Cr.P.C"

3.The contents of the'Murasila' followed by lodging of the First Information Report would reveal that the complainant Mehmood-ul-Hassan Station House Officer of Police Station ANF Peshawar was busy at the place of occurrence along with other ANF officials in respect of checking of vehicles. In the meanwhile passenger Hiace Van bearing No. LES-9054 was given signal to halt. When a lady sitting behind the driver seat having 4 years baby in her lap was de- boarded from the vehicle on account of suspicion, she disclosed her name as Gul Meena wife of Haneef Gul resident of Akha l(ltail Kalanga Tehsil Bara Khyber Agency and her 8'- td child was identified by the name of Yahya Khan.

During personal search of the accused/lady' through lady constable 6 packets of Chars were recovered which were fastened with her body

STED

through yellow solution tape. On weighment INE R cotil FEB aa Nrub (S,4,) lloa'tlc Ma Jut&r MotroErd ltntlm Kbtn

J:

each paifiat ibntained 1lO0 grams Chars total of which came out to 6600 grams. From each packet l0/10 grams were separated for chemical analysis while rest of the recovered stuff was sealed into separate parcels.

4, Having heard arguments of learned counsel for the petitioner, he relied on 2017 MLD 1367 (Peshqwart" MsL Javeria v/s The State",2Ll3 P Cr- I-.1 12 (Peshowail nMsL u/s The statc', 2013 YLR 9 (Peshawar) (a MsL

Pemeen Bibi,u/s The State" and 1966 SCMR 973 "MsL u/s The Snu and thereby

prayed for concession of bail in favour of the accused/petitioner as being fernale accused she has minor son with her in Jail. lnversely, the learned Special Prosecutor on behalf of ANF opposed the concession of bail as huge quantity of narcotics weighing 6600 grams were e- r) recovered from personal possession of the accused/petitioner.

5.It is yet to display under evidence that the exact weighment being carried out through the

A TED

IER

h eou# NEtb (SBt llo!'DL llli ,!nkc l|lob.nn.A lbrtlE Xhro FEB 2rlt8

t mode to have been adopted either by digital or local scale. It is also a matter to be considered that if this huge quantity of 6600 grams was wrapped by the accused/petitioner around her body which was transported through vehicle Hiace van whether it was not giving smell to have been noticed by the other passengers and the driver or cleaner of the said vehicle. There is no information either given to the ANF officials as the murasila does not disclose this fact that the accused lady was only found in suspicion condition, therefore, the contraband charas to have been wrapped by lady around her body would also be difficult to find out when such lady has no previous history of her involvernent and she was unknown to the ANF officials.

6.According to the ANF officials huge quantity of Charas weighing 6600 grams is said r tt/- to have allegedly recovered from direct possession of accused/petitioner contained in 06 packets wrapped up with her body through yellow solution tape and the offence being non- lr li €E) bailable in view of the Section 9-C CNSA read Nr*rb {S.8.) Hotr'Dh Mi Jrral..lttohrBEtd lbnilo Nirtr FEB 201S-

t

with Section 5l of the ibid Act, but the accused/petitioner has minor son with her, confined in the unpleasant environment of the prison. No doubt, the wheel of fortune of the accused/petitioner will be thrashed out by the learned trial Court during the course of recording of evidence with special reference to the direct recovery of huge quantity of Charas weighing 6600 grams, yet welfare of the minor could not be easily brushed aside especially in view of the scarcity of basic facility in prisons imparting education and overall impact on character build up of minors.

7.There is no hope that the seizing officer, who is the incharge of the ANF Police Station, Peshawar will ever submit the challan before the Court of CNS in the near future as by the time this occurrence has taken place on 12.11.2017, E- tA yet the challan has not been prepared because the petitioner being a woman, her younger son is languishing in the Jail and the prosecution is yet to bring home charge against her, therefore, she is entitled to the concession of bail. She is asked 5;

Nrrtb (SB.) H.!'bt trli JrrlkrMohoord lbrltlo Xl.r

5 FE82018,

i ...-it .r*.<'

n, to furnish bail bonds in the sum of Rs. 200,000/- (Rupees two lacs) with two sureties each in the like amount to the satisfaction of learned Illaqa Judicial Magistrate/Duty Magistrate, who shall ensure that the sureties are local, reliable and men of means.

8.Before parting with this judgment, it is utmost necessary to clarifr here that this Court in any manner is not inclined to extend any undue favour to the accused/petitioner rather the observations rendered above are purely restricted to the welfare of the minor son and should not be treated as element of sympathy by the trial Court at the time of decision in respect of guilt of the accused/lady.

9.These are the reasons of my short order of even date.

Announced r w)- Dt: 04.01.2018- TUDGE

fiAECIOI lFe CtJar.s/vr ort

t alq t?

=lr Irs Nrnt (!lB.) tloo'bb M& Jork Moboo.d lbnttE Xttd' t"