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Criminal Miscellaneous No. 2690-B of 1986, decided on 5th October, 1986.
---S. 497--Drugs Act (XXXI of 1976); S. 23--Penal Code (XLV of 1860), S.420--Bail, grant of--Petitioner, accused of manufacturing spurious drugs, sent to jail without obtaining order from any Court, for his judicial custody-- Challan against petitioner also not put in Court--Detention of petitioner, being illegal, petitioner ordered to be released on bail in circumstances.
Naseer-ud-Din for Petitioner.
Zulfiqar Haider for the State.
Date of hearing: 5th October, 1986.
The petitioner is accused of manufacturing spurious drugs. His factory was allegedly raided on 26-6-1986. The petitioner was found present in the premises and was arrested under section (1) (A) (1) 23/23 Drugs Act, 1976, read with section 420, P.P.C. He was declined bail by the Drug Court on 16-7-1986 and thereafter by me on 5-8-1986 (Cr. M. No. 2056-B of 1986).
2. The petitioner renewed his bail application before Drug Court on 3-9-1986 which was dismissed on 24-9-1986. It may be pointed out that the learned Drug Court found the detention of the petitioner as illegal due to the fact that neither challan against the petitioner had been submitted in Court nor his remand to judicial custody had been obtained from a competent Court yet the Drug Court found itself unable to grant bail to the petitioner in. view of the observation made in Sardar Begum v. Malik Muhammad Anwar, etc. 1981 P CT. L J 1298 which says that no Court other than the High Court can grant bail to an accused on the ground of illegal detention. In the circumstances, the petitioner has approached this Court through making the instant petition.
3. I have heard learned counsel for the petitioner as well as for the State and perused the record submitted before me. It is admitted that after 13-7-1986 remand of the petitioner to judicial custody has not been obtained from any Court. Obviously, therefore, the detention of the petitioner has been rendered illegal. The challan against the petitioner has not so far been put in Court as the Drugs Inspector has yet to draw up formal complaint under the Drugs Act and then submit the same in Court for trial as he alone is the competent authority to institute a complaint against the petitioner under Drugs Act.
4. For what has gone above, I feel inclined to allow this petition. The petitioner is directed to be released on bail subject to his furnishing bail-bond in the sum of Rs.20,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Sadar, Lahore.
S.G.D./733/L Bail allowed.
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