March 20, 2007	Tuesday	Safar 30, 1428

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PESHAWAR, March 19: The Peshawar High Court on Monday observed that the police could not be allowed to enter any residence whenever they want to violate its sanctity. A single-bench comprising Justice Shahjehan Khan Yousafzai accepted the bail petition of a person, Asifullah Khan, arrested on charges of drug pushing, and directed that he should be released against two sureties of Rs100,000 each.

Justice Yousafzai observed that conducting illegal raids by police was a violation of Article 14 of the Constitution, which guaranteed dignity of a person.

The petitioner was arrested on Feb 7 by officials of the Tehakal police station claiming that they had prior tip about narcotics being sold at his residence. The police claimed that they had obtained search warrant from a judicial magistrate and during the raid they seized 10kg charas and a Kalashnikov assault rifle.

Advocate Noor Alam Khan appeared for the petitioner and argued that the FIR of the case was registered under section 9 of the Control of Narcotics Substance Act whereas the search warrant was obtained from a magistrate under section 22 of the Prohibition (Enforcement of Hudood) Order.

He argued that under the CNSA the search warrant could only be issued by a special judge and not by a magistrate.

Mr Khan argued that the police had many days to approach the special judge for getting a search warrant, but they avoided it which proved the mala fide intention on their part.

The counsel contended that the petitioner had old enmity with some absconders and was therefore keeping a rifle at his home. He alleged that the police were forcing the petitioner to enter into compromise with the absconders.