PESHAWAR: ANF told to return items

Published August 11, 2004

PESHAWAR, Aug 10: The Peshawar High Court on Tuesday ruled that the Anti-Narcotics Force had no authority to take away household items during raids.

A two-member bench comprising Justice Shahjehan Khan Yousafzai and Justice Dost Muhammad Khan acquitted an appellant in a narcotics case and ordered the ANF to return all the household items that it had taken away from the residence, including electronic appliances, carpets, furniture, utensils, etc.

The bench set aside the conviction awarded to appellant Raees Khan by the special court (control of narcotics). It observed that the ANF should act in accordance with the constitution.

The special court had sentenced the appellant to two years rigorous imprisonment with Rs50,000 fine and confiscation of the house-hold items.

Taking exception to the seizure of the items, the bench observed that law-enforcement agencies should stop acting like dacoits. The ANF personnel had raided a house in Hayatabad on Aug 4, 2003, and arrested Mr Raees Khan. The ANF claimed to have recovered 800gms of heroin from there.

It also took away all the house-hold items. The counsel for the appellant, Noor Alam Khan, informed the court that Mr Raees Khan was staying as a guest in the said house which belonged to one Tahir Khan.

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