Lahore High Court Denies Bail in Child Protection Case Involving Narcotics Exposure  

Islamabad 28-02-2025: In a landmark ruling, the Lahore High Court (LHC) has denied bail to a woman accused of exposing her minor child to narcotics, reinforcing the strict legal stance on child protection laws in Pakistan. Mr. Justice Muhammad Amjad Rafiq presided over the case, emphasizing that offences involving child neglect and exploitation warrant stringent judicial scrutiny, even if they do not fall under the prohibitory clause of Section 497 Cr.P.C.  

The case involved the petitioner, who sought post-arrest bail after being booked under Section 328A of the Pakistan Penal Code (PPC) and Section 38 of the Punjab Destitute and Neglected Children Act, 2004 (PDNCA 2004). The FIR, filed on November 28, 2024 (FIR No. 2724) at Police Station Hajipura, Sialkot, was based on a complaint by Nazar Muhammad, a Child Protection Officer.  

According to the prosecution, the petitioner’s minor son was found in possession of narcotics on November 11, 2024, raising concerns that he was being used for drug trafficking. The Child Protection & Welfare Bureau took immediate custody of the child, and the case was registered against the mother for criminal negligence and exposing the child to harm.  

Counsel for the Petitioner argued that both offences were bailable, as they do not fall under the prohibitory clause of Section 497 Cr.P.C. He contended that the Petitioner was entitled to bail as a matter of right and that the case did not involve exceptional circumstances requiring judicial discretion.  

The Prosecution, represented by the Deputy Prosecutor General and Child Protection Officer, opposed the bail application, highlighting the seriousness of child cruelty offences. They stated that using or exposing a child to narcotics constitutes a grave violation of child rights and argued that the petitioner does not deserve leniency.   

In his detailed judgment, Mr. Justice Muhammad Amjad Rafiq examined the applicability of Sections 328 and 328A PPC, emphasizing that the latter covers all children under 18 years and criminalizes neglect, ill-treatment, and potential harm to a child’s physical or psychological well-being. The Court cited (PLD 2020 SC 146) to underscore the broad scope of child protection laws.  

The judgment also analyzed PDNCA 2004, particularly Sections 38 and 42, which criminalize exposing a child to narcotics and declare such offences non-bailable. The Court reaffirmed that Child Protection Courts have primary jurisdiction in such cases and directed the trial Court to conclude the case within one month, as required under Section 23(2) PDNCA 2004.  

The Lahore High Court’s ruling reinforced several legal principles, including:  

1. Bail is not a right in child protection cases, even if the offences are not covered under the prohibitory clause of Section 497 Cr.P.C.  
2. Section 328A PPC applies to all minors under 18 years and covers neglect, physical abuse, and psychological harm.  
3. PDNCA 2004 offences (Section 38) are cognizable and non-bailable, making exposing a child to narcotics a serious criminal offence.   
4. Child Protection Courts hold exclusive jurisdiction over offences related to child neglect and abuse, as per Section 26 PDNCA 2004.  
5. Islamic principles align with child protection laws, emphasizing parental responsibility and state duty to safeguard children from harm.  

The judgment relied on multiple Supreme Court of Pakistan precedents to justify the denial of bail, including:   

1. Abdul Rehman Vs. The State (2022 SCMR 526): Bail considerations in child abuse cases.  
2. Umer Khan Vs. The State (2022 SCMR 216): Interpretation of exceptional circumstances in bail matters.  
3. Nehal Vs. The State (2020 SCMR 2053): Denial of bail where reasonable grounds exist for criminal liability.  
4. Raja Khurram Ali Khan Vs. Tayyaba Bibi (PLD 2020 Supreme Court 146): Clarification on the scope of Section 328A PPC.  

After a thorough legal review, the Court dismissed the bail petition, citing sufficient evidence linking the petitioner to child neglect and criminal endangerment. The ruling emphasized that the trial must be conducted expeditiously within one month, as mandated by PDNCA 2004.  

This ruling serves as a strong legal precedent reinforcing Pakistan’s child protection laws. It signals to law enforcement agencies and the judiciary that offences involving child neglect, exploitation, and endangerment will be dealt with strictly.   

The decision also underscores the broader role of the state in protecting vulnerable children, urging strict enforcement of PDNCA 2004, PPC provisions, and Islamic legal principles.   

Legal experts have hailed the judgment as a significant step toward child protection. Prominent human rights advocates have called for greater public awareness and stricter implementation of child welfare laws, ensuring that such cases are prosecuted effectively.   

This case reaffirms the judiciary’s commitment to upholding children’s rights and ensuring that legal safeguards are not diluted in bail considerations. The Lahore High Court’s stance establishes a clear precedent that the exploitation or neglect of minors will not be tolerated under any circumstances.

Powered by Froala Editor