A sessions court on Friday dismissed the bail application of the Karsaz accident suspect in a drug case.
The woman suspect has been booked in two separate cases — one lodged under rash driving and manslaughter charges, while the other under Section 11 (drinking liable to tazir) of the Prohibition (Enforcement of Hadd) Order (PEHO), 1979 after her medical report confirmed that she was under the influence of methamphetamine, also known as ice or crystal meth, at the time of the accident that killed two people and injured two others.
She approached the sessions court through her lawyer Amir Mansoob Qureshi after a judicial magistrate dismissed her bail in the second case.
On Friday, Additional Sessions Judge (East) Shahid Ali Memon announced his order reserved earlier after hearing arguments from both defence and prosecution sides.
The judge observed: “It may not be forgotten that nowadays whole society is under threat of being converted to intoxicant society. Therefore, under such circumstances the persons involved in such kind of intoxication do not deserve any leniency at bail stage.”
He said that the prosecution’s apprehension that if the woman succeeded in getting post-arrest bail at this stage she would escape to the United Kingdom as she possessed British passport and driving licence could not be ruled out.
The judge further noted that as per the tentative assessment of the case, it appeared that there was no malafide intention or ulterior motives on the part of the police for her implication in the current case.
“If the state would have any little bit mala fide act or ill will then the intoxicant things would have shown recovered from her vehicle or even from her but record reflects that nothing has been recovered from her vehicle and even from her,” he said.
The judge said that though methamphetamine was found in the suspect’s urine samples and not blood samples, he could not find any ill will even on the part of a chemical examiner. “If he [chemical examiner] would have any little bit ill will then he would have also shown to have detected the intoxication substance in her blood samples for making the case stronger,” he opined.
He also rejected the defence side’s objection to the registration of a separate FIR over alleged driving under influence of drugs.
The applicant’s lawyer argued that his client had already been granted bail in the main case after the legal heirs of the two victims as well as two persons who were injured in the accident filed affidavits raising no objection to her bail. He said that since the woman was booked in the main case lodged under sections 320, 337-G, 279, 427 read with Section 322 of Pakistan Penal Code and Section 100 of Provincial Motor Vehicles Ordinance 1965 at the same police station, there was no need to lodge the second FIR which was prohibited by superior courts. He further argued that the suspect had been behind bars since her arrest; therefore, she was entitled to the concession of post-arrest bail.
The state prosecutor opposed the bail plea and argued that as per the report of a chemical examiner, methamphetamine (ice) was found in her urine samples, after which the present case was lodged. He said the woman possessed a British passport and a driving licence, apprehending that she might flee abroad after getting bail.
Initially, an FIR was lodged at the Bahadurabad police station under sections 320 (punishment for causing death by rash or negligent driving), 337-G (punishment for hurt by rash or negligent driving), 279 (rash driving), and 427 (mischief causing damage) of PPC.
Later, the investigation officer added Section 322 (manslaughter) and Section 100 (driving under the influence of drugs or alcohol) of the Provincial Motor Vehicles Ordinance 1965. Additionally, a separate case was registered under Section 11 (drinking liable to tazir) of the Prohibition (Enforcement of Hadd) Order, 1979.