Mst. Atiya Bibi vs State S — 2026 MLD 518 PESHAWAR-HIGH-COURT

Case information

Citation: 2026 MLD 518 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2026
Reporter: MLD
Parties: Mst. Atiya Bibi vs State S
Subject matter: Criminal
Provisions referred to: S. 497; S. 11; S. 15-AA---P; Narcotic Substances Act (XXXI of 2019); Khyber Pakhtunkhwa Arms Act (XXIII of 2013)

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. Atiya Bibi VS State S. 497(1)---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), S. 11(b)---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15-AA---Possession of amphetamine (ICE), charas and illegal possession of weapon---Post-arrest bail, grant of---Woman accused---Recovery was made on prior information of informer---Search and seizure proceedings were not recorded by Police while using mobile phone or any other audio or video device---Report of Forensic Science Laboratory (FSL) was still awaited and it was yet to be determined by the FSL whether the recovered contraband was indeed "ICE" or some other substance, which cast doubt on prosecution's case, and was to be determined after recording of evidence pro and contra, thus, for the time being accused was held entitled for grant of bail---In cases of women accused etc. as mentioned in S. 497(1), irrespective of the category of offence, bail is to be granted as a rule and refused only as an exception in the same manner as it is granted or refused in offences not falling within the prohibitory clause of S. 497(1)---Challan was complete, accused was not required for further investigation, thus, keeping her behind bars for an indefinite period would not serve any useful purpose---Post-arrest bail application was allowed, in circumstances.

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