The curious case of recovering 15kgs of heroin from trunk of Rana Sanullah’s car

On July 1, 2019, Rana Sanaullah had been arrested by officials from the Lahore chapter Anti-Narcotics Force (ANF) team while he was travelling from Faisalabad to Lahore near the Ravi Toll Plaza on the motorway.

The arrest came into effect after officials claimed to have recovered around 15 kilograms of drugs from his vehicle.

The ANF said it had received a tip-off that Rana Sanaullah was involved in drug smuggling and was now carrying drugs to Lahore.

Subsequently, a special team of the force had arrested Sanaullah among five others, including his driver and the security guards travelling with the Pakistan Muslim League-Nawaz (PML-N) leader.

The accused were sent to police station and were detained for 16 hours.

The next day, Sanaullah was presented before a judge and where officials claimed that around 15 kilograms of heroin had allegedly been recovered from a suitcase being carried in the trunk of his car.

Sanaullah denied the charge.

He remained in custody for the next six months.

After several unsuccessful attempts to convince the court to grant bail, the court finally approved eventually released on bail by the Lahore High Court on December 24, 2019.

But his bail did not come before Sanaullah’s name was placed on the “Exit Control List”, which barred him from traveling abroad.

Given the political context of this case, the Lahore High Court made an exceptional reference to details pertaining to the merits of the case, casting doubt on the allegations put forward by the prosecution and finding flaws in the evidence produced by the investigation, which it described as biased and riddled with deception.

ANF deputy director operations registered an FIR against PML-N leader - under sections 186,189 and 353 of Pakistan Penal Code (PPC), while sections 15, 17 of 9C of the Control of Narcotic Substances Act (CNSA) 1997.

Section 186, PPC: Obstructing public servant in discharge of public functions:
Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to [Rs1,500], or with both.

Section 189, PPC: Threat of injury to public servant:
Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Section 353, PPC: Assault or criminal force to deter public servant from discharge of his duty:
Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both.

Punishment section 9C, CNSA 1997:
Death or imprisonment for life or imprisonment for a term which may extend to 14 years and shall also be liable to fine which may be up to Rs1 million, if the quantity of narcotic drug, psychotropic substance or controlled substance exceeds the limits specified in clause (b)

Punishment section 15, CNSA 1997:
Whoever participates in, associates, conspires to commit, attempts to commit, aids, abets, facilitates, incites, induces or counsels the commission of an offence in contravention of Section 14 shall, whether such offence be or be not committed in consequence of such participation, association, conspiracy, aid, abetment, facilitation, incitement, inducement, or counselling, and notwithstanding anything contained in Section 116 of the Pakistan Penal Cod (Act XLV of 1860), be punishable with the punishment provided for the offence or such lesser punishment as awarded by the court.

Punishment section 17, CNSA 1997:
Whoever hinders or obstructs an officer in the performance of his functions under this Act or willfully furnishes to such officer any information which is, to his knowledge or belief, false in material particulars shall be punishable with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.