Mst. Asima vs State S — 2025 YLR 1220 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 1220 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Mst. Asima vs State S
Subject matter: Criminal
Provisions referred to: S. 497---K; S. 9; S. 497; Narcotic Substances Act (XXXI of 2019)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. Asima VS State S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), S.9(D)---Possession of narcotic substances---Bail, grant of---Further inquiry---Prosecution case was that 7200 grams opium and 7200 grams charas was recovered from both the accused/petitioners respectively---No doubt, both petitioners were found in possession of huge quantity of contraband opium and charas, however, record prima facie revealed that spot/recovery proceedings were not recorded in the shape of video---No private witness had been associated with the spot proceedings for ensuring transparency---Record was also silent to show any previous involvement of petitioners in such like offence or that they were drug peddlers---Besides, investigation of the case was complete and the petitioners were no more required for investigation---At the same time, the record also revealed that in respect of one of the petitioners, positive pregnancy report was present---Besides, on account of her arrest two of her minor children were also confined with her and exposed to hostile as well as unfavorable environment of the prison---Welfare of minor children could not be ignored---No doubt, petitioners were arrested on account of recovery of huge quantity of contraband from their direct possession however, positive pregnancy report of one of the petitioners coupled with the confinement of minors with her, had made out her case for the purpose of bail under first proviso of S.497, Cr.P.C.---Although, the case of co-accused was distinguishable from that of petitioner, but she had also made out her case for the purpose of bail---Bail petition was allowed in circumstances.

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