Citation Name: 2025 YLR 909 KARACHI-HIGH-COURT-SINDHBookmark this Case Mst. maryam vs State S — 2025 YLR 909 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 909 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Citation Name: 2025 YLR 909 KARACHI-HIGH-COURT-SINDHBookmark this Case Mst. maryam vs State S
Subject matter: Criminal
Provisions referred to: S. 497; S. 51; 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

Citation Name: 2025 YLR 909 KARACHI-HIGH-COURT-SINDHBookmark this Case Mst. maryam VS State S.497(2)---Control of Narcotic Substances Act (XXV of 1997) [as amended by the Control of Narcotic Substances (Amendment) Act, 2022], Ss.9(1)(3)(c) & 51(2)---Possession of narcotic substances---Bail, grant of---Further inquiry---At bail stage, the lesser of two punishments is to be taken into consideration, as the quantum of punishment can only be decided by the Trial Court after recording of evidence---Applicant had no prior criminal record and was a female, which might be a considering factor for grant of bail---Applicant was in jail since the day of her arrest---It is salutary principle of law that in cases where the offences carry lesser punishment which does not fall within the prohibitory clause of S.497, Cr.P.C, the grant of bail is a rule while its refusal is merely an exception---Every accused would be presumed to be blue eyed person of the law until and unless he/she is found guilty of alleged charge---Law cannot be stretched in favour of the prosecution particularly at bail stage---Case of the applicant was found to be within the scope of bail as contemplated by S.51(2) of the Act read with S.497(2), Cr.P.C and required further inquiry---Petition was allowed and accused was admitted to bail, in circumstances.

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