Lahore High Court Denies Bail in 1060g Heroin Case, Affirms Pakistan Rangers’ Authority in Narcotics Operations  

Islamabad 28-02-2025: The Lahore High Court (LHC) has dismissed a post-arrest bail petition filed by accused in a high-profile narcotics case, reaffirming the legal authority of Pakistan Rangers to conduct searches and arrests in drug-related offenses within border areas.  

The Petitioner / accused was arrested by Pakistan Rangers in an operation near the Indo-Pak border on October 1, 2024. During the raid, 1060 grams of heroin were recovered from his possession, following which an FIR No. 1573 was registered under Section 9(1)-6c of the Control of Narcotic Substances Act, 1997 (CNSA 1997) at Police Station Hudyara, District Lahore.  

The defense counsel argued that the petitioner was falsely implicated due to property disputes with Pakistan Rangers and challenged the legality of the arrest, contending that only an Inspector or above could conduct arrests under CNSA 1997.  

Mr. Justice Muhammad Amjad Rafiq, in his detailed order, ruled that Pakistan Rangers were lawfully authorized to arrest, search, and seize under multiple legal provisions. The Court referred to:  

1. S.R.O. 656(1)/2004 (2nd August 2004), which authorizes Pakistan Rangers to exercise powers under Sections 21, 22, 23, 37(2), and 38 of CNSA 1997.  
2. S.R.Q. 1090(1)/2010 (1st December 2010), which grants Rangers authority under the Customs Act, 1969, within 20 kilometers of the international border.  

The judge rejected the Petitioner’s claim that the arrest by a Sub-Inspector was unlawful, holding that even private individuals have the power to arrest and hand over an offender to police under Section 59 of Cr.P.C.  

Citing Supreme Court of Pakistan precedents, the Court ruled that the possession of a significant quantity of heroin (1060g) created a presumption of knowledge and intent, placing the burden on the accused to prove otherwise. The petitioner failed to establish mala fide intention or false implication by the authorities.  

Case law references:  

1. Mst. Fursan Vs. The State (2022 SCMR 1950): Establishing strict liability for narcotics possession.  
2. Noor Khan Vs. The State (2021 SCMR 1212): Affirming the presumption of knowledge in narcotics cases and upholding law enforcement powers.  

Given the serious nature of the offense, the absence of mitigating factors, and sufficient evidence linking the petitioner to the crime, the Court dismissed the bail petition. The case will now proceed through the trial stage under CNSA 1997.  

This ruling reinforces:  

1. Pakistan Rangers’ authority to conduct narcotics operations under the CNSA and Customs Act.  
2. The principle that possession of drugs implies knowledge, shifting the burden to the accused.  
3. The strict bail criteria in narcotics cases, where merely challenging procedural aspects does not warrant release.  

This judgment sets a precedent for future narcotics cases, particularly those involving border-area operations by paramilitary forces.

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