A sessions court reserved its ruling on Wednesday regarding the post-arrest bail application of the woman involved in the Karsaz accident, who is now facing charges in a drug-related case.
The suspect had approached the sessions court after her initial bail request was rejected by a judicial magistrate. The charges stemmed from a case filed by the police under Section 11 (drinking liable to tazir) of the Prohibition (Enforcement of Hadd) Order (PEHO), 1979. This followed a medical report confirming that she was under the influence of methamphetamine, commonly known as ice or crystal meth, during the August 19 accident that resulted in two deaths and two injuries.
Last week, the court had granted her bail in the primary accident case after the legal heirs of the victims submitted affidavits, stating that they had pardoned her in the name of Allah Almighty and raised no objections to her release on bail.
After hearing arguments from both the defense and the prosecution, Additional Sessions Judge (East) Shahid Ali Memon reserved his decision, scheduling the order’s pronouncement for September 13.
The defense lawyer argued that the charge was bailable, with the maximum penalty being one year of imprisonment or a fine of Rs5,000. He further noted that the case was lodged based on the opinion of a DSP legal, who had overlooked the fact that amendments to the anti-narcotics law in 2022 criminalized the possession of methamphetamine but did not address its consumption.
The defense emphasized that while possessing and transporting the drug is punishable with varying prison terms, the law remains silent on the issue of consumption. The lawyer also pointed out irregularities in the handling of the suspect’s blood and urine samples. Although the samples were collected on the day of the accident in the presence of a female medico-legal officer, they were only sent for testing two days later. This delay, he argued, compromised the chain of custody.
Additionally, the defense claimed that the investigating officer sought fresh blood samples from the magistrate on August 22 for cross-checking at the International Centre for Chemical and Biological Sciences at Karachi University. However, after the magistrate rejected the request, the officer allegedly went to the jail and unlawfully collected a sample to manipulate the chemical examiner’s report.
The defense concluded by asserting that the separate drug case was filed with malicious intent and requested the court to grant bail.
The state prosecutor, however, opposed the bail, arguing that the investigation was still ongoing, with the final charge sheet yet to be submitted under Section 173 of the Pakistan Penal Code. He also expressed concern that, as a British national with a UK driving license, the suspect might flee abroad if granted bail.
Earlier, on Monday, Judicial Magistrate (East) Mohammad Raza Ansari had dismissed the woman’s bail application, stating that her lawyer failed to convince the court that Section 11 of the Prohibition (Enforcement of Hadd) Ordinance, 1979, did not apply in this case. He added that PEHO covers not only liquor but other intoxicating substances as well.
