IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Bail Application No. S-726 of 2024

Applicant:                                  Mst. Jamila Bibi

Through Mr. Ghous Bux Lashari, 

advocate for the applicant

The State:                                 Through Mr. Ali Anwar Kandhro, Additional Prosecutor General for the State

Date of hearing:                        16-01-2025

Date of order:                            16-01-2025

O R D E R

OMAR SIAL, J:-   The allegation against Jamila Bibi is that she was apprehended by the Excise police on 21.10.2024, and 2 kilograms of charas were recovered from her possession. F.I.R. No. 5 of 2024 was registered against her under sections 9(i)(3)(c) of the Control of Narcotic Substances Act, 1997.

2.       I have heard the learned counsel for the applicant and the learned Additional Prosecutor General.

3.       The learned counsel or the applicant does not argue why the applicant should be granted bail. He solely submits that there have been cases before in which bail to an applicant with 7 kilograms of charas was given; thus, the applicant, too, should be given bail. With much respect to the learned counsel, his argument is not strong enough to form a ground to grant bail.

4.       The record reflects that the applicant was apprehended with a substantial quantity of a substance tested as charas, the possession of which carries a potential sentence of nine to fourteen years. If the lower bracket of the punishment is taken, it will fall out of the prohibitory clause of section 497 Cr.P.C.; however, taking the principles enunciated in Tariq Bashir and 5 others vs The State (PLD 1995 SC 34) in mind, I have taken the possession of a narcotic as an exceptional ground to deny the applicant bail. I have also considered her gender, but the fact that a large number of women are currently incarcerated for narcotic-related offenses suggests that they are being exploited as mules and conduits for the transportation of narcotics by drug peddlers. Grant of bail in narcotic cases on the grounds of gender will only lead to further exploitation of the vulnerable segment of society. No ill will or malafide on the part of the police to register a false case has been pleaded, and neither is it reflected in the record.

5.       Given the above, the bail application is dismissed. The learned trial court is requested that, keeping in view the applicant's gender, the trial be treated on a priority basis so that it can be concluded expeditiously.

JUDGE