Case Details

Citation(s)
2012 SLG 2295 2012 SLD 2295 2012 PCRLJ 1877
Lahore High Court
Criminal Miscellaneous No. 932-B and Writ Petition No. 1847 of 2012, decided on 3rd September, 2012
KH. IMTIAZ AHMAD AND IBAD-UR-REHMAN LODHI, JJ
Abdul Rasheed Sheikh for Petitioner. Raja Shahid Mehmood Abbasi and Barrister Waseem Ahmed Qureshi, Special Prosecutors ANF for the State. Abid Zulfiqar Deputy Director, ANF with record

MAKHDOOM SHAHABUDDIN

VS

THE STATE

Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 498 & 337---Control of Narcotic Substances Act (XXV of 1997), Ss.9(c), 14, 15 & 16---Control of Narcotic Substances (Regulation of Drugs of Abuse, Controlled Chemicals, Equipment and Materials) Rules, 2001, Sched. V---Possession of narcotics, import or export of narcotic drugs, trafficking or financing the trafficking of narcotic drugs etc., aiding, abetment or association in narcotic offences---Pre­arrest bail, refusal of---Ephedrine---Classification as a controlled narcotic substance---Scope---Approver, statement of---Evidentiary value---Scope---Allegations against accused persons were that they were involved in the grant of ephedrine/chemical quotas to two companies in contravention of rules; that they converted export status of said ephedrine to that for local consumption and let the two companies in question dispose of their quotas in an -unauthorized manner---Statements of approvers connected accused and co-accused with commission of the alleged crime---Contentions of accused and co-accused were that statements of approvers was a weak type of evidence having no substantial value; that accused had been involved in the case with mala fide, as his arrest warrants were issued on the day when he was going to be elected as the Prime Minister, and that ephedrine was not a narcotic substance---Validity---Ephedrine was a controlled chemical/narcotic substance---Approvers had fulfilled all the codal formalities as provided in S.337, Cr. P. C., as such their statements would have evidentiary value and would be material and relevant for consideration---Elements of mala fide could not be attached with the officials of investigation agency, as they would not have been benefited by replacing the accused from his candidature of Prime Minister---Pre­arrest bail could only be granted if the proposed arrest was for ulterior motives such as humiliation and unjustified harassment by a prosecuting agency, motivation for which was to. cause irreparable injury to reputation and liberty of the accused person---Said elements were missing in the present case rather had not been raised by accused and co-accused---Prima…
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