Almost six months on, Sana out on bail in drug case
By Wajih Ahmad Sheikh
2019-12-25
LAHORE: The Lahore High Court on Tuesday granted post-arrest bail to opposition Pakistan Muslim LeagueNawaz leader Rana Sanaullah Khan in a drug case filed by the Anti-Narcotics Force.
Through a short order, Justice Chaudhry Mushtaq Ahmad allowed the bail petition `subject to furnishing two surety bonds of Rs1 million each`.
The court had reserved its verdict a day before after lawyers representingthe petitioner and the ANF concluded their arguments on the bail petition.
The prosecution had questioned the maintainability of the bail plea, arguing that the offence was non-bailable and that the onus to prove innocence lay on the defence. It also asked the courttoissue a directivefortheconclusion of the trial within a month.
While Mr Khan, also a member of the National Assembly, is likely to be released on Thursday (tomorrow) due to the public holiday on account of Quaid-i-Azam`s birth anniversary today an ANF of ficial told a private news channel that the LHC order would be challenged in the Supreme Court as it was not in the domain of a high court to grant bail in such cases.
The courtroom was packed with PML-N lawyers and workers when Justice Ahmad announced the decision at around 2:10pm.Talking to media, Mr Khan`s wife, who was also present in the courtroom, thanked Almighty Allah on the release of her husband and lashed out at Prime Minister Imran Khan for what she claimed implicating her husband in a false case.
`Who will be held accountable for the six months my husband has spent in jail,` she asked.
Laterin the dayinIslamabad,Major General Arif Malik, the ANF director general, blamed the lawyers of Mr Khan for using delaying tactics. He told reporters at a drug burning event thatevidence couldnotbe producedin court until the accused was indicted.
He said as soon as the accused was charged, the evidence against him would be presented in court.
On July 1, a special team of the ANF had arrested Mr Khan near the Ravi toll plaza when he was heading to Lahore from his native city Faisalabad.
It claimed to have recovered 15 kilograms of heroin from his vehicle and a 9mm pistol with 23 bullets.
The ANF had also arrested Mr Khan`s driver and his security guards.
They were already released on bail, but charged with attacking the personnel and obstructing them from performing their of ficial duty. The PML-N leader was booked by the ANF under Section 9 (C) of the Control of Narcotic Substances Act 1997, which carries death penalty or life imprisonment or a jail-term that may extend to 14 yearsalong with a fine up to Rs1 million. As per the section in question, if the quantity of the narcotic exceeds 10kg the punishment shall not be less than life imprisonment.
According to the content of the FIR, when asked about the narcotics, Mr Khan admitted the possession of heroin, pointed toward a blue-coloured suitcase concealed behind his seat. It said Mr Khan himself unzipped the suitcase, removed a plastic cover in it and pointed towards a bag filled with heroin. During the recovery process, it said, the security guards of the prime suspect attacked the ANF team and tried to get him released. However, the personnel overpowered the suspects and shifted them to their Cantonmentoffice. Next day, a judicial magistrate sent Mr Khan and other suspects to jail on judicial remand as the prosecution chose not to seek their physical remand.
The case also hit by a rare controversy when a trial judge was stopped from working in the middle of Aug 28 proceedings on a bail petition of Mr Khan. `I have just received a message on my WhatsApp. I have been stopped from working and my services have been repatriated to the Lahore High Court,` Judge Masood Arshad had told the defence and prosecution when he returned to his courtroom after a onehour break.
Muhammad Asghar from Rawalpindi also contributed to this report