Daily Times

The Lahore High Court (LHC) has found visible ‘lapses in the prosecution case’ filed by the Anti-Narcotics Force (ANF) against PML-N leader Rana Sanaullah, according to the detailed verdict issued on Thursday.

The LHC has ruled that the ‘guilt of the petitioner (Sanaullah) needs further probe and his case calls for further inquiry’.

“Lapses in the prosecution case are visible on surface of record like non-preparation of recovery memos at the place of recovery, non-investigation regarding involvement of petitioner in running a network of smuggling of narcotics and sending only 20 grams of contraband out of the total quantity of 15 kilogrammes heroin allegedly recovered from possession of petitioner do indicate prima facie that guilt of the petitioner needs further probe and his case calls for further inquiry,” Justice Chaudhry Mushtaq Ahmad, who authored the verdict, wrote.

Additionally, the judge noted that other co-accused in the case were granted post-arrest bail by the trial court, an order which was not appealed by the prosecution.

In its written order, the LHC also disposed of the ANF’s special prosecutor’s objections to the maintainability of the petition. The judge recounted the events of the PML-N Punjab president’s arrest based on the contents of the first information report (FIR) and other material available on the record.

The LHC in its order said that at the place of recovery, no recovery memo regarding the allegedly recovered narcotics was prepared, rather the accused and the case property was taken to the police station where the necessary documentation was carried out. Justice Ahmad said that when the accused were produced before the court the next day, the investigating officer made no request for physical remand in order to investigate them about the network allegedly operating under the supervision of the present petitioner (Sanaullah). “[…] Indicates that the investigating agency was not interested in unearthing the activities of the petitioner regarding smuggling of narcotics,” the judge stated.

Regarding the claim that the case was registered because the petitioner is a vocal member of an opposition party, the judge said, “Though such argument at bail stage is not attached much weight for the reason that deeper appreciation at the stage of bail is not permissible nor desirable. However, in the context of [the] petitioner being a vocal political leader of [an] opposition party, this aspect of the case could not be ignored as political victimisation in our country is an open secret.”

The written order stated that the seriousness of an allegation is not grounds for the refusal of bail if “on merits it is found that prosecution’s case is doubtful as benefit of doubt always goes to the accused even at bail stage”. “Incarceration of accused before conviction in cases of doubtful nature is never approved by the courts,” Justice Ahmed stated.

Addressing a press conference after his release on bail, Sanaullah questioned why the ANF had been unable to arrest any member of the international drug network that he was alleged to be a part of in the past six months. “This was a complete lie and a fraud. It was a baseless case,” the PML-N leader said, adding that this ‘drama’ had been staged to damage his and his party’s reputation. He termed the case against him the ‘worst political victimisation in this country’s history’. He announced that he will demand in the National Assembly and at other forums that a judicial inquiry of his case be held.

Meanwhile, the Anti-Narcotics Force (ANF) on Thursday described the Lahore High Court’s decision to grant bail to Rana Sanaullah as ‘disappointing’, saying that its legal team will appeal the verdict in the Supreme Court. The ANF authorities held a meeting with news anchors and editors to brief them on the drug trafficking case. The ANF officials said the bureau’s legal team has decided to appeal the verdict at the Supreme Court. They said they have the surveillance footage of Sanaullah from three months prior to his arrest.