May 24, 2008	Saturday	Jamadi-ul-Awwal 18, 1429

PESHAWAR, May 23: The Peshawar High Court on Friday granted bail to a female charged with drug pushing under a law permitting bail to women except in some specific offences.

A single bench comprising Justice Syed Yahya Zahid Gillani directed that the petitioner, Ms Bushra, should be released after furnishing two sureties of Rs100,000 each.

The petitioner, hailing from Sheikupura, was arrested along with a male accused, Muhammad Boota, by the Anti Narcotics Force when they were travelling in a car on March 20 near the Motorway toll plaza here.

The ANF officials claimed of recovering different quantities of heroin, charas and opium from secret cavities of the car bearing registration No. LXK 1245. The accused were charged under section 9 of the Control of Narcotics Substance Act, 1997. The chairman, Voice of Prisoners, Noor Alam Khan, appeared for the woman and contended that under the Code of Criminal Procedure (Amendment) Ordinance, 2006, the woman was entitled to be released on bail.

The bench inquired from him that the constitutional life of an ordinance was four months under the constitution and last time the said ordinance was re-promulgated on July 17, 2007, following which it was never re-promulgated.

Mr Noor Alam contended that the law was still in the field. He argued that the constitutional life of the ordinance had to lapse on Nov 16, 2007, but prior to it Chief of the Army Staff proclaimed emergency in the country on Nov 3.

He argued that after the proclamation of emergency the army chief issued the Provisional Constitution Order No. 1 of 2007. He added that under section 4(1) of the PCO the ordinance promulgated by the president or the governors were given legal protection and it was mentioned that these could continue in the field until altered or repealed by the president.

The bench further inquired from him whether the law would be applicable to cases under the CNSA which was a special law.

Mr Khan argued that it was mentioned in the ordinance that a woman may not be released on bail if she was involved in an offence relating to terrorism, financial corruption and murder.

He stated that at the time of promulgation of the said ordinance the special laws were in the field and the government could have mentioned that it would not be applicable to it. He added that when the government had not mentioned that point in the ordinance it meant that women were entitled to bail except in the three offences mentioned in the ordinance.