FIAZ AHMAD ANJUM JANDRAN, J. Through this Crl. Misc. petition, petitioner (Afaq Ali) seeks bail after arrest in F.I.R. No.129, dated 25.12.2020, registered under Sections 9-C & 15 of the Control of Narcotics Substances Act, 1997 ("Act of 1997") , at Police Station A.N.F ./RD North, Rawalpindi.
2. The allegations set-forth in the F.I.R are that on 25.12.2020, complainant Nazim Shahzad Inspector alongwith other officials was present at Motorway Link Road, Islamabad in connection with eradication of crime. At about 15:00 hours a vehicle bearing No.IDK 3230 Toyota Corolla, white colour came from Peshawar side, which was stopped, in which 3 persons were travelling. Naseer Ahmad was driving the vehicle, Afaq Ali (petitioner) was on the front seat while Noor ud Din Afridi was sitting on the rear seat of the vehicle. On their disclosure, 100 grams Ice was recovered from person sitting on driving seat while petitioner and co-accused Noor-ud-Din got recovered two shoppers, each containing charas weighing 1200 grams each (total 2400 grams) .
3. Learned counsel for the petitioner contends that the petitioner has falsely been implicated in the case as he has no conscious knowledge; that there is no evidence to connect the petitioner with the alleged recovery; that petitioner is behind the bars since arrest; therefore, entitled to the concession of bail.
4. Conversely , learned Special Prosecutor ANF submits that huge quantity of narcotics substances was recovered from the petitioner; that the report of the Chemical Examiner is positive therefore, petitioner is not entitled to the concession of bail.
5. Arguments heard, record perused.
6. The petitioner is specifically nominated in the F.I.R that he alongwith co-accused was trafficking 2400 grams of "charas" and 100 grams Ice. The statutory provisions on the subject entails death punishment, imprisonment 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 petitioner and co-accused were travelling in the same vehicle and also got recovered the narcotics substance. It was not the case that they were merely sitting in the vehicle as passengers, had no knowledge of the substance recovered or that it was recovered from the secret cavities of the vehicle, therefore, the substance recovered in toto i.e. 2400 grams charas and 100 grams Ice would be considere d to have been recovered from each accused.
8. The sample parcels of the recovered substance were transmitted to the office of the Chemical Examiner within statutory period, reports whereof confirm that the recovered substance was Charas and ICE" this too, goes against the petitioner .
9. The challan has already been submitted in the Court on 04.01.2021 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.
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 Vs. the State), the learned Trial Court is directed to conclude the trial within a period of two 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 .