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Pakistan Supreme Court extends Muhammad Akbar’s bail after changes to expired-drugs case

The court questioned why prosecutors changed the offences in Muhammad Akbar’s case without putting the revised police report before it when bail was first granted.

The Supreme Court of Pakistan building at night in Islamabad.
File photograph of the Supreme Court of Pakistan building in Islamabad, taken in 2012. The Supreme Court of Pakistan Islamabad night view — Rangbaz (resized and converted to WebP). CC BY-SA 3.0.Image sourceImage licence: CC BY-SA 3.0
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Pakistan’s Supreme Court extended Muhammad Akbar’s bail to newly added offences in a Quetta case involving the alleged transport of expired drugs, Dawn reported on October 21. The court’s July 22 order cited unexplained changes to the police report and found that the case required further inquiry, allowing Akbar to remain on bail while his trial proceeds.

Justice Muhammad Ali Mazhar, who headed the three-member bench, said reasonable doubt about a suspect’s involvement or the prosecution’s case should favour bail during trial. The court said its observations were tentative and would not prejudice either side before the trial court, according to Dawn. The order did not decide whether Akbar committed an offence.

Why the court questioned the changed charges

The Supreme Court had granted Akbar post-arrest bail on April 16 on bonds of Rs100,000 with two sureties in the same amount. The case initially included provisions of Pakistan’s Penal Code and the Drugs Act 1976 concerning the alleged transport of expired drugs. When the bail order was sent for compliance, prosecutors had replaced those provisions with other Penal Code offences and a provision of the Prevention of Corruption Act 1947, Dawn reported.

At the July hearing, state counsel Baqir Shah and investigating officer Muhammad Ajmal said the additions had been made on January 15. Dawn reported that they did not explain why the revised police report had not been presented when the court granted bail in April, or justify removing the Drugs Act provisions from a case initially centred on expired drugs.

Asked what new evidence warranted the changes, Ajmal cited four witness statements. He also said a deputy inspector general for legal matters had advised deleting and adding provisions, according to Dawn. A separate account by Shahbaz Shah Law described the order as extending bail to the added offences after prosecutors failed to identify supporting material or explain why the revised report had not been disclosed to the court.

Justice Mazhar said the prosecution’s shifting positions raised doubt about Akbar’s involvement. He observed that the possibility could not be ruled out that offences were added after the bail order to deprive Akbar of bail, but refrained from making an adverse finding while the trial remained pending. The court extended bail on the earlier terms and conditions, Dawn reported.

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