MUHAMMAD TARIQ vs THE STATE
This matter involves a petition for pre-arrest bail filed by Muhammad Tariq, proprietor of Hakeem Luqman Dawakhana, after a Drug Inspector seized 50 advertising pamphlets for the treatment of various diseases and initiated a complaint against him. During the proceedings, the trial court issued non-bailable warrants of arrest and a proclamation under the Code of Criminal Procedure 1898 to secure his attendance, leading the petitioner to apprehend arrest and seek pre-arrest bail. The Lahore High Court disposed of the petition by directing the petitioner to appear before the Drug Court within one month, granting him protective relief from arrest in the interim. The court established that when a petitioner seeks pre-arrest bail due to apprehension of arrest stemming from non-bailable warrants issued by the trial court, appropriate interim protection may be granted subject to the petitioner's direct appearance before the competent forum within a stipulated timeframe.
- Whether pre-arrest bail can be granted to an accused who apprehends arrest through non-bailable warrants issued by the trial court?
- Can the High Court direct an accused to appear before the trial Drug Court while granting interim protection from arrest?
- Section 5(12), Code of Criminal Procedure 1898
ORDER
' On 18-4-2000 a Drug Inspector seized 50 pamphlets for advertisement for the treatment of various diseases from Hakeem Luqman Dawakhana situated at Chowk Qazafi Multan and submitted a complaint against Muhammad Tariq, peti- tioner/proprietor of the said Dawakhana.
2. The trial Court issued non-bailable warrant of arrest to procure the attendance of the petitioner which could not be executed. Thereafter the trial Court issued proclamation before proceeding under section 5(12), Cr.P.C. The trial Court again issued non-bailable warrant of arrest vide order dated 21-6-2006 in order to procure the attendance of the petitioner.
3. The petitioner apprehending his arrest has applied for bail before arrest. Let the petitioner appear before the Drug Court within a month. In the meantime he shall not be arrested. This petition stands disposed of.