• Suspect allegedly sold narcotics to university students
• Police had ‘recovered 102 grams of ice’ from her possession

KARACHI: The Sindh High Court has granted bail to a female applicant in a drug peddling case.

A two-judge regular bench of the SHC comprising Justice Muhammad Faisal Kamal Alam and Justice Amjad Ali Sahito noted that the alleged offence carried a maximum punishment of a one-year term and a minimum sentence of six months and, therefore, did not fall within the prohibitory clause of Section 497 of the Criminal Procedure Code (CrPC).

Naseem Bibi, along with her husband Hayat Khan and another, was arrested in May near the Karachi Toll Plaza, and police had allegedly recovered 102 grams of methamphetamine (ice) from her possession. The prosecution also alleged that Hayat Khan and his family have been involved in the sale of narcotics among the students of Baqai University.

After the dismissal of post-arrest bail at the trial court, the applicant through her counsel moved the SHC and the lawyer argued that she was framed in the case while the alleged recovery did not attract the prohibitory clause contained in Section 497 CrPC.

The counsel also submitted that the prosecution neither associated any private person as a witness nor produced any video recording of alleged recovery as required under the law.

An assistant prosecutor general (APG) Sindh vehemently opposed the bail and contended that the applicant was apprehended at the spot and the drugs were recovered from her possession.

After hearing both sides and examining the record the bench in its order noted that the contention of counsel for the applicant about the prosecution’s failure to produce any video recording of the alleged recovery of narcotics has prima facie carried substance and warrants due consideration.

It also observed that Section 17 (video recording) of the Sindh Control of Narcotic Substances Act, 2024 has been enacted with the avowed object of ensuring transparency, fairness and accountability in the conduct of raids, searches, seizures and arrests carried out under the Act.

The record further reflected that 102 grams of ice were allegedly recovered from the possession of the applicant, who has remained in judicial custody for over two months, but no meaningful progress has been made in the trial proceedings, it added.

The bench further said that the question regarding quantum of sentence, if any, shall be determined at the conclusion of the trial, subject to the prosecution successfully establishing its case against the applicant/accused while alleged offence carried a maximum punishment of one-year imprisonment and a minimum sentence of six months and thus did not fall within the prohibitory clause of Section 497 CrPC.

It is a settled principle of law that grant of bail was the rule and its refusal was an exception and APG has failed to point out any exceptional circumstance warranting the denial of bail to the applicant/accused, it added.

Furthermore, the bench said that all the prosecution witnesses were police officials and there appeared to be no likelihood of the applicant tampering with the prosecution evidence while the prosecution has also failed to place on record any material to indicate that the applicant was a previous convict or involved in any other case of a similar nature.

It also stated that the case of the applicant came within the ambit of further inquiry and granted her bail subject to furnishing solvent surety in the sum of Rs100,000.

Published in Dawn, July 8th, 2026