Mst. Saima Bibi alias Shama vs State S — 2025 PCrLJ 969 ISLAMABAD

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Mst. Saima Bibi alias Shama VS State S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 6, 9(1), 3(c)---Possession and transportation charas---Bail, refusal of---Accused-female with a suckling baby---As per contents of FIR, the petitioner was apprehended while in possession of three packets of Charas weighing 1200 gram each, total weighing 3600 gram---Recovery proceedings were also captured in video---Alleged recovery clearly brought the case of the petitioner within the rigors contained in S.9 (c) of the Control of Narcotic Substances Act, 1997---Apparently no material was available to substantiate that such huge quantity of narcotic had been foisted upon the petitioner---Nothing was on record which could suggest that the complainant or any other member of the raiding party had any animus against the petitioner---Petitioner alleged that she was entitled to bail as her suckling baby was also with her in jail---Prime responsibility of better upbringing and welfare of children rested upon the parents---If anyone of the parents got himself or herself involved in a crime, it could not be said that he or she got indulged in the said crime by chance or inevitably against his or her intention---True that suckling babies should not be in a place like dungeons and there were chances of their future being spoiled, but at the same time, it was undeniably the responsibility of parents to keep it in mind that their intentional involvement in any crime shall bring about harm to the personality of their child, and, it was equally true that parents certainly felt the pain when their child suffered---Material available on record was prima facie sufficient to connect the petitioner with the crime and petitioner failed to point out any other substance from which High Court could infer otherwise---There was nothing on record which could prima facie cast doubt on prosecution's story qua recovery of huge quantity from her possession---When such fact was prima facie established then the question was as to why she was carrying her minor child a long with her at relevant time---There was nothing justifiable pointed out or available on record in that regard---When factum of huge quantity of narcotic from the petitioner was evaluated in juxtaposition with the fact of non-pointation of any substance pulling the case of petitioner into ambit of further inquiry or any aspect which could prima facie establish the mala fide on the part of prosecution only ground of petitioner's having suckling baby with her was insufficient for grant of bail---Prima facie, sufficient incriminating material was available on record to show the presence and connectivity of the petitioner with the alleged crime---From the tentative assessment of the material produced before the Court, High Court was of the considered view that petitioner was clearly connected with the alleged crime and bar in terms of S.51 of the Act, 1997, was fully attracted to her case---Bail petition was dismissed, in circumstances.

Mst. Saima Bibi alias Shama vs State S — 2025 PCrLJ 969 ISLAMABAD

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