Shahabuddin urges court to discard statements of approvers

ISLAMABAD - The counsel for Makdhoom Shahabuddin urged the Supreme Court on Thursday that statements of approvers, Dr Raheed Juma and Rizwan Ahmed Khan, in ephedrine case must be discarded and disregarded, as the trial court did not record their statements in accordance with the procedure laid down in Section 337 CrPC. A three-judge bench, headed by Justice Nasirul Mulk heard the bail applications of Musa Gilani, Pakistan People's Party MNA and son of ex-PM Yousaf Raza Gilani and Federal Minister for Textile Shahabuddin. The Court adjourned hearing till today (Friday).  The bench dismissed ANF's petition, seeking cancellation of post arrest bail granted by LHC to a co-accused namely Sattar Sohrani.Completing his arguments, Sardar Ishaq counsel for Makhdoom Shahabuddin emphasized that the statements of approvers in the instant matter may not be considered being an inadmissible piece of evidence against his client. He pleaded that affidavits submitted in the court cannot be taken as the lawful statements rendered by approvers because the ANF officials duly concocted the affidavits.He further argued that under the law the approvers have to be kept behind the bars till the conclusion of the trial, adding that in the current matter both approvers have been set free despite of withdrawal of their pre-arrest bail petitions from Lahore High Court, Rawalpindi bench on July 30, 2012.Sardar Ishaq apprised the bench that the FIR was registered after one year and despite of lengthy inquiry neither his client was nominated in the FIR nor his name was mentioned in three supplementary challans, submitted in the special court.Dr Khalid Ranjha, counsel for Ali Musa Gilani submitted that ephedrine was not chemical substance but a control chemical, adding that the Anti Narcotics Force (ANF) intended to ridicule his client due to the previous litigation between the ANF authorities and the civil government, then headed by former Prime Minister Syed Yousuf Raza Gilani, father of his client. Ranjha alleged that ANF authorities and civil government was dagger drawn in a legal battle, saying it is a bad luck of his client that he has to bear the brunt of that litigation in the present case.Justice Tariq Pervez, a member of the bench, observed that the ANF officials have stretched the definition of Section 9-C to bring the allocation of ephedrine quota in to violation of law. He further said that if Dr Ranjha's point gets consideration (from the bench), then the FIR would have to be quashed. To a query, Dr Ranjha highlighted that there is no violation of any law vis a vis the allocation and conversion of ephedrine quota. "In fact in the FIR allegations regarding the conversion (of ephedrine) have not even been levelled," Dr Ranjha said.During the hearing, Justice Nasir-ul-Mulk directed the ANF officials to produce the orders of the Lahore High Court (LHC), declaring ephedrine a control chemical/ substance and also copies of the review against this judgment pending adjudication in LHC, Rawalpindi bench.The case adjourned till October 12.

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