Chief Justice Lahore High Court while issuing non-bailable arrest warrants of two accused involved in 3200 grams heroine case and also directed additional district and sessions judge who granted bail to them to appear before the court on December 16.
The Chief Justice, while taking suo motu notice had issued show cause notice to an additional district & sessions judge Sialkot Gabriel Francis Khan to explain under what special circumstances he granted bail to two accused of heroine case, which attracted prohibitory clause of section 497 (1) Cr.P.C.
The Chief Justice had also issued notices to both accused for December 02 to explain as to why their bail awarded by the AD&SJ may not be cancelled but they failed to appear before the court. The Chief Justice has taken suo motu action over a report submitted by District & Sessions Judge Sialkot Tariq Iftikhar after inspection of jail.
According to the report, both accused Muhammad Adil and Rizwan Shahid were found possessing 3200 grams of heroine but the AD&SJ had granted them bail only on the basis of report submitted by the chemical examiner. But the chemical examiner denied to have sent any such report regarding percentage of the narcotics substance recovered from the accused, report said.
It said the offence with which both the accused stood charged was covered by section 9-C of Control of Narcotics Substance Act, 1997 and entailed punishment of death/life imprisonment/14 years rigorous imprisonment bringing it in the prohibition contained in section 497 (1) Cr.P.C. The AD&SJ even did not discuss the embargo contained is section 51 of Control of Narcotics Substance Act, 1997 putting restraint to the grant of bail in such like cases specially when the trial had already commenced, the report added.
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