2007 PLP 2899 (YLR)

Through this single order we propose to dispose of three matters (Criminal Revision No.91 of 2007), (Criminal Revision No. 92 of 2007) and (Criminal Revision No.93 of 2007). The petitioners in each of the said petitions are facing trial before the Drug Court, Multan under sections 23127 of the Drug Act.

2. The facts in brief are that petitioners in each petition, when appeared before the Drug Court on 13-3-2007 they were ordered to be taken into custody and sent to jail, as they according to the Drug Court failed. to make any application for bail.

3. It is argued by learned counsel for the petitioners that as earlier petitioners could not appear before the Drug Court, therefore, despite application moved by the petitioners seeking dispensation of their attendance, the Drug Court issued non-bailable warrants of their arrest and in order to avoid their arrest, the petitioners immediately moved ,this Court through Criminal Miscellaneous No.567-B of 2007, Criminal Miscellaneous No.626-B of 2007 and Criminal Miscellaneous No.554-B of 2007 and this Court vide order, dated 5-3-2007 directed the petitioners to appear before the Drug Court, Multan on 12-3-2007 with a proper application and till that date i.e. 12-3-2007 the execution of non-bailable warrants of arrest of the petitioners, was suspended. It is argued by learned counsel that petitioners did move application for bail before arrest before the Drug Court, Multan on 12-3-2007 which was received by the Chairman, Drug Court with the remarks "be entertained" and ordered the .same to be put up on the next day. However, on the next day when petitioners appeared before the Drug Court, they were ordered to be taken into custody and sent to judicial lock-up, holding that petitioners did not move application for bail, which is against facts and record.

3. We have perused the entire available record.

4. It is noticed that bail before arrest applications of the petitioners dated 12-3-2007 were entertained by the Chairman, Drug Court, Multan with his own handwriting on 12-3-2007, therefore, the findings of the Drug Court that there was no such application for bail, is against facts as well as record. Even otherwise, we feel that the Drug Court is constantly showing disregard to this Court by passing such-like orders just to punish the petitioners for approaching this Court. In other cases also the Drug Court passed similar orders and sent the accused to jail without adopting the procedure laid down in section 90 Cr.P.C. by way of obtaining bond. In the facts and circumstances of the case, we feel that act of the Drug Court sending accused in a complaint case directly to jail and issuing non-bailable warrants without allowing the accused opportunity of furnishing bond under .section 91, Cr.P.C. is not only highly prejudicial and detrimental to the safe administration of .criminal justice but also violative of provision of law as contained in section 91, Cr.P.C. as well as unreported judgment of the apex Court dated 26-5-1986 passed in Criminal Petition No.20 of 1986 titled "Rahim Dad v. Syed Muzafar Hassan Shah", holding that in the presence of provisions of section 91 Cr.P.C. requiring bond with or without sureties for A appearance of the accused in the Court and only in case of his failure to give security for his attendance, the Court is empowered to commit the person, present in Court to custody.

5. Resultantly, all these petitions are allowed; the impugned order of the Drug Court, Multan is set aside and petitioners are directed to be released on bail subject to their furnishing bail bond in the sum of Rs.50,000 each with one surety each in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Bench.

6. The learned Additional Registrar shall put up files of these three cases as well as Criminal Miscellaneous No.801-B of 2007, Criminal Miscellaneous No.802-B of 2007 and Criminal Miscellaneous No.803-B of 2007 on the date when Members of the Drug Court shall appear before the Division Bench of this Court for chamber hearing, as earlier ordered. Copies of these orders be also sent to the Drug Court, Multan. H.B.T./Z-22/L????????????????????????????????????????????????????????????????????????????????????? Petition allowed.