| Citation(s) |
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| 2025 SLG 3082 2025 SLD 3082 = 2025 SHC 1552 |
Criminal Bail Application No.1141 of 2025. Criminal Bail Application No.1211 of 2025
KHALID HUSSAIN SHAHANI, J.
Applicants : i. Qurban Ali son of M. Chand Badshah ii. Rizwan son of Muhammad Chand Badshah Through Mr. Shoukat Hayat, Advocate Applicant : Nisar Ahmed son of Muhammad Younus Through Mr. Raja Babar Hamid, advocate. Respondent : The State through Mr. Sarfaraz Ahmed Mangi, Special Prosecutor ANF.
Law: Control of Narcotic Substances Act, 1997
Section: 2(za),9(2)(9), 14, 15,72 to 74,29
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Drugs Act, 1976
Section:
Law: General Clauses Act, 1897
Section: 24-A
Law: Constitution of Pakistan, 1973
Section: 4
Summary
Applicants Qurban Ali, Rizwan, and Nisar Ahmed sought post-arrest bail in a narcotics case registered under offense sections of the Control of Narcotic Substances Act, 1997 (as amended 2022). They were arrested amid allegations of smuggling pharmaceuticals containing controlled substances via a container at Karachi port. The prosecution claimed large quantities of Rivotril (Clonazepam), Pregabalin, and Tramadol tablets were seized, suggesting an intent to smuggle narcotics.
The applicants contended that the substances are legitimately manufactured and registered pharmaceuticals under the Drugs Act, 1976, not necessarily controlled or psychotropic substances under the CNS Act. They claimed wrongful arrest, custodial maltreatment, and procedural lapses—especially significant delays and deficiencies in the chemical analysis report—that undermine the prosecution’s case. The earlier bail rejection was challenged as legally deficient with no proper reasoning.