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Mst. Yasmeen vs State S — 2025 YLR 2124 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 YLR 2124 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
YLR
Parties
Mst. Yasmeen vs State S
Subject matter
Criminal
Provisions referred to
S. 497---C; S. 9-C---F; S. 497; Narcotic Substances Act (XXV of 1997)

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. Yasmeen VS State S. 497---Constitution of Pakistan, Art. 189---Control of Narcotic Substances Act (XXV of 1997) [as amended by the Control of Narcotic Substances (Amendment) Act, 2022], S. 9-C---Female offender---Possession of 560 grams of heroin---Post arrest bail, grant of---Previous involvement in narcotic cases as a ground for refusal of bail---Scope---Lesser punishment of sentence to be considered---Failure of police to record or take photograph at the time of search of the accused---Non-adherence to the obiter dicta laid down by Supreme Court---In a case where the accused is either a minor under the age of sixteen years, or woman, or a sick or inform person, even in a non-bailable offences of non-prohibitory clause, bail is to be granted or refused in the same manner as in offences of non-prohibitory clause of S. 497(1), Cr.P.C.---Guilt or innocence of the accused is yet to be determined by the Trial Court---Prosecution had not placed any material to establish that the accused was a previous convict, mere involvement in same and similar offences in the past could not be a ground to refuse bail as the case could be decided on merit, thus, past record could not be cited as precedent to refuse bail---Supreme Court precedents directed to record or take photographs at the time of search of the accused when search, seizure or arrest was made as the law permits the use of modern devices or techniques but the police failed and neglected to adhere the dicta laid down by the Supreme Court, which is a constitutional command under Art. 189 of the Constitution, thus, whether the accused was arrested with shopper bag containing 560 grams heroin required deeper appreciation---Bail application was allowed, in circumstances.

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