Sanaullah case Bail can’t be granted under CNSA provisions
Sanaullah case ISLAMABAD: The provisions of the Narcotics Control Act of 1997 (CNSA).According to which the leader of the Muslim League of Pakistan-Nawaz (PML-N), Rana Sanaullah. were accused by the Anti-narcotics Force (ANF) )) by the court of first instance.
Legal experts point out that higher courts grant bail, even when subordinate legislation, such as the CNSA, is a prohibition. For example, these courts have granted bail to persons accused by the National Order of Liability (NAO), even though the law expressly forbids it. Recently, the Lahore High Court had saved many of the defendants.
Like the serious NAO, the CNSA also excludes the release of individuals judged in its various sections. When the amount of narcotics recovered from the accused exceeds a certain limit and the offense is punishable by death or life imprisonment, bail is prohibited.
Rana Sanaullah has been charged under Article 9 (c) of the CNSA, which stipulates that an accused will be punished by life imprisonment or life imprisonment or imprisonment in prison. life imprisonment for up to 14 years and will also be punishable by death. a fine of up to Rs. 1 million if the quantity of narcotic drugs, psychotropic substances or controlled substances exceeds 1 kg. Provided that when the quantity is greater than 10 kg, the penalty shall not be less than imprisonment for life.
The ANF claimed to have recovered 15 kilos of contraband in the car of the PML-N leader, which his close relatives deny, and to claim that he was deceived. Under the same provision, imprisonment may be extended by two years, or a fine, or two equal sentences, if the amount is equal to or less than 100 grams; and 7 years if it exceeds 100 grams but does not exceed 1 kg.
Article 51 prohibits the release on bail of defendants such as Rana Sanaullah and stipulates that, despite all the provisions of articles 496 and 497 of the Code of Criminal Procedure (CPPC), provisional release shall not be granted to a person person charged with: a crime under the CNSA or other narcotics law where the crime is punishable by death. In the case of other offenses punishable by the CNSA, bail will normally not be granted unless the court of first instance deems it appropriate to grant it and against the guarantee of a substantial amount.
Articles 496 and 497 of the CPPP deal with “cases in which bail may be released in the event of a non-committable crime” and “in which cases it must be bonded”. Article 51 of the CNSA prohibits the invocation of these provisions.
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The ANF also invoked Section 15 of the CNSA against the head of the PML-N who says who participates, associates, conspires to commit, attempts to commit, aids, incites, facilitates, incites, incites or counsels the commission of an offense, whether or not that offense may be committed as a consequence of such participation, association, conspiracy, assistance, assistance, facilitation, incitement or advice, and is punishable by the penalty for the minor offense or the penalty which can be imposed by the court. Thus, the duration of the left conviction is left to the discretion of the court.
Section 17 has also been applied, which states that anyone who obstructs or obstructs an officer in the performance of his or her duties under the CNSA or voluntarily provides to that officer any information that, to his or her knowledge or belief, is incorrect in material details, will be punished by rigorous imprisonment for up to three years, a fine or both.
Article 9 (c) is invoked against a person who contravenes the provisions of Articles 6, 7 or 8 of the CNSA. These provisions refer to the prohibition of possession, import or export, trafficking or financing of drug trafficking, etc.
The ANF also mentioned articles 186, 189, 225 and 353 of the Pakistan Penal Code in its lawsuit against the leader of the PML-N. These provisions deal with the obstruction of the official in the performance of his duties; threat of harm to him; resistance or obstruction to the legal apprehension of another person; and assault or criminal force to deter an official from doing his duty.
Rana Sanaullah, locked up in the Lahore camp prison, faces this type of case for the first time in her life. The National Accountability Office (NAB) has already announced that it has opened an investigation into the construction of an underground passageway in Faisalabad, but has never been summoned for questioning. Nothing was heard after this announcement made in December