Rawalpindi - The Court of Narcotics Substance Control (CNSC) Thursday refused to accept the charge sheet in the Ephedrine smuggling case following the ruling of Lahore High Court (LHC) Rawalpindi Bench that ephedrine case did not fall under the category of narcotics.
Syed Ali Musa Gilani, an MNA from Multan and son of former Prime Minister Syed Yusaf Raza Gilani, and former federal ministers for Textile Industry Makhdoom Shihabuddin have been facing court proceeding for their involvement in Ephedrine smuggling case.
The CNSC Special Judge took up Ephedrine smuggling case when Abdul Rasheed Sheikh, the counsel representing 10 suspects, including Syed Ali Musa Gilani and Makhdoom Shihabuddin, raised objection that court could not hear this case. He also provided a copy of the LHC ruling to the judge.
The Anti Narcotics Force (ANF) Special Public Prosecutor, on the occasion, objected and argued that LHC ruling was about one suspect Iftikhar Babar and not about all of the suspects.
Replying to ANF objection, Abdul Rashid Sheikh said that LHC ruling was about Ephedrine in which the learned court directed the ANF to take the case to any court of competent jurisdiction.
“Ephedrine does not fall under any definition of narcotics nor it is ever notified by the federal government as such,” he argued.
He said that if this court did not act accordingly, it would be violation of orders of LHC Rawalpindi Bench.
Sheikh also opposed the case and said he would prove at any court that the case has been finished under the law. He prayed before the court to return the file to ANF and let them approach any court of competence jurisdiction.
After hearing the arguments, the CNSC Special Judge ruled that this court could not hear this case and directed the reader to return all the file and charge sheets related to FIR number 40 to ANF.
The file related to 10 suspects, including Makhdoom Shihabuddin, Syed Ali Musa Gilani, Shiekh Ansar Ahmad, Abdur Sattar Sorani, Col (retd) Tahirul Wadood Lahoti, Malik Zonair Ahmad and Abdul Khaliq and Ansar Farooq Chaudhry.
The FIR was registered on 10-10-2011. Apart from 10 suspects, six suspects, including Anjum Shah and Tauqeer Ali Khan, the alleged front men of Shihabuddin and Syed Ali Musa Gilani, were placed in column 2 of the FIR, declaring them innocent by the ANF. Before placing them in column 2, their statements were recorded in this court against Makhdoom and Gilani.
Besides, two main accused in this FIR, including Rasheed Ahmad Jumma, the then DG Health who allocated the quota of Ephedrine to different pharmaceutical companies and Rizwan Ahmad Khan, ex-director of DANAS pharmaceutical and the main beneficiary were declared approver.
On last hearing held on November 27, Justice Ali Baqir Najfi and Justice Chaudhry Mushtaq ruled that Ephedrine did not fall in category of narcotics and the ANF should take the case to any other court of competent jurisdiction. The court also ruled that CNSC court could not hear this case.