FIAZ AHMAD ANJUM JANDRAN, J. Through this Crl. Misc. petition, petitioner (Abbas Ahmad) seeks bail after arrest in F.I.R. No. 547, dated 19.11.2020, registered under Section 9-C of the Control of Narcotics Substances Act, 1997 ("Act of 1997") , at Police Station Bharakahu, Islamabad.
2. According to the allegations, set-forth in the F.I.R, on 19.11.2020, at about 04:00 p.m., on the basis of spy information, Muhammad Hanif S.I. alongwith other police officials after obtaining search warrant from concerned A.C, raided the house of petitioner (Abbas Ahmad) and recovered 3 packets of charas 3080-grams alongwith digital scale and 134 empty small shoppers of white colour .
3. Learned counsel for the petitioner contends that petitioner has maliciously been implicated in the case; that petitioner is innocent and no offence has been committed; that instant FIR has been lodged by the local police on the basis of some personal grudge; that no incriminating material is available on record to connect the petitioner with the commission of alleged offence; that no private witness was associated with the recovery proceedings; that petitioner is previously non-convict and behind the bars since his arrest; that investigation is complete and he is no more required for further investigation, therefore, entitled to the concession bail. Learned counsel relied upon case laws reported in 2013 MLD 1703 (Peshawar) and 2012 P .Cr.L.J. 1901(Peshawar).
4. Conversely , learned State Counsel contends that petitioner is nominated in the F.I.R, arrested at the spot with huge quantity of narcotics substance, involved in two cases of like nature registered in the same police station; that challan has been submitted, charge has been framed and trial is in progress, therefore, not entitled to the concession of bail.
5. Arguments heard, record perused.
6. Perusal of record reveals that 3080-grams "Charas" was recovered from the possession of the petitioner .
Statutory provisions on the subject provid es punishment, which entails death, impri sonment for life or imprisonment up to 14 years, which falls within the ambit of prohibitory clause of Section 497 Cr.P.C. Therefore, in such type of cases, no concession could be extended to the accused persons.
7. The separated samples of the recovered substance were transmitted to the Chemical Examiner within statutory period and reports whereof confirm that the recovered substance was Charas , this too, goes against the petitioner .
8. The challan has already been submitted in the Court on 29.11.2020 and trial is in progress. In such like situation, it would be appropriate to direct the learned Trial Court for conclusion of the trial within certain specified period.
9. The case laws relied upon by learned counsel for the petitioner do not extend any help to the petitioner due to having distinct facts and circumstances.
10. In view of above, petitioner is not entitled to the concession of post arrest bail. Therefore, instant post arrest bail petition is dismissed . However , petitioner has a legitimate right to have early decision of his case, therefore, while relying upon case law reported as "2011 SCMR 1332 (Rehmatullah and another v. the State) , the learned Trial Court is directed to conclude the trial within a period of three months from the receipt of the order under intimation to this Court.
11. Needless to mention that this is tentative assessment for the purpose of this petition only, which shall not affect/influence trial of this case in any manner .