The Lahore High Court has released a Chinese citizen on bail in a case of drug recovery registered by Defence-B police of the provincial capital.
As per prosecution, on March 16, 2021 Sub-Inspector Rashid Shakoor, along with other police officials, was present in Defence Phase-II, Lahore, when on a tip-off, he arrested a Chinese national, later identified as Da Yong Wu, and recovered 5,100 grams of Ketamine from his possession.
Advocate Farhad Ali Shah, the counsel for the Chinese citizen, argued before the LHC that the substance recovered by the police in no manner gave rise to an offence under section 9 of CNS Act, 1997, thus the registration of the case was unwarranted.
Moreover, he said the recovered substance did not fall within the purview of prohibition contained in any provision of the Act.
On the court’s call, Anti-Narcotics Force (ANF) special prosecutor Danish Mashkoor Siddiqui endorsed the arguments of the petitioner’s counsel. He maintained that the ketamine was generally used for medical purposes.
In his decision, Justice Chaudhry Abdul Aziz observed that the recovery of ketamine could in no manner entail consequences of a criminal case registered under section 9 of the CNS Act 1997. “It goes without saying that every wrong does not necessarily give rise to the commission of crime. In order to bring the act of an accused within the ambit of some penal law, it must primarily be proved that such wrong is made punishable under some express provision of law,” the judge observed and granted bail to the Chinese citizen subject to furnishing bail bonds worth Rs200,000.