FIAZ AHMAD ANJUM JANDRAN, J. This is second post-arrest bail petition by petitioner/accused (Ali Shan) in FIR No. 166, dated 30.10.2018, registered under Section 9-C & 15 of the Control of Narcotics Substances Act, 1997 ("Act of 1997") , at Police Station A.N.F ./R.D North, Rawalpindi.
2. Brief facts, as stated in the FIR are that ANF Officials on receiving spy information that one Nasir Khan would smuggle huge quantity of contraband in vehicle bearing Registration No. LEC-178, started strict searching for the said vehicle. At about 4:20 p.m. on pointa tion of informer , the said vehicle was stopped, in which four persons were boarded. The said vehicle was being driven by said Nasir Khan while present petitioner was sitting on front seat. All the four persons were interrogated, who jointly disclosed about presence of 96 kilograms of charas together with 35 kilograms of opium and got recovered the same from secret cavities of the car .
3. Learned counsel for the petitioner contends that only ground coupled with statutory delay in conclusion of trial despite direction passed by this Court vide order dated 13.04.2020; that after passing of direction, 48 hearings have been conducted, on 25 dates, witnesses were not present, on 14 dates due to COVID-19 case was adjourned; that only three witnesses were recorded, only two witnesses were remaining and on many dates, learned counsel for the petitioner was not available for cross-examination. Learned counsel for the petitioner relied upon case law reported in 2017 SCMR 1194, 2015 SCMR 1092 , 2015 SCMR 1077 , 2021 P.Cr.L.J. Note 29 [Lahore (Multan Bench)], 2018 P.Cr.L.J. Note 123(Peshawar), 2007 YLR 1311(Karachi), 2020 YLR Note 43(Sindh), 2017 MLD 1376 (Peshawar) and 2017 P .Cr.L.J 1661 (Peshawar).
4. Conversely , learned Special Prosecutor ANF repelled the above submissions. It is argued that the ground being pressed cannot be treated as a fresh ground, therefore, petition is also liable to be dismissed.
5. Arguments heard, record perused.
6. Perusal of record reveals that this Court had earlier passed direction in Crl. Misc. No.221-B of 2020 for conclusion of trial within a period of two months but the same has not been complied with
7. While considering the above backgrou nd of the case, there is no denial to the proposition that the accused has inalienable right to be dealt in accordance with law and his trial should be conducted within reasonable time, especially when direction has already been passed by this Court, however , non-compliance of direction cannot be made basis for grant of post arrest bail in such type of heinous offences, where capital punishment is provided.
Reliance is placed upon PLD 2016 SC 1 1 (Nisar Ahmed vs. The state) .
8. It has been stated by the learned Prosecutor that A.N.F Authorities are ready to produce all the witnesses in the Trial Court on the next date of hearing for early conclusion of the trial.
9. Record shows that 96 kilograms charas and 35 kilograms opium was recovered from the petitioner in the subject case, which is a huge quantity . Considering the huge quantity viz-a-viz the ratio set in Nisar Ahmad' s case supra, this Court is not inclined to grant bail on this ground particularly considering the huge quantity of narcotics substances recovered. Bail petition of the petitioner has already been dismissed on merits; therefore, no fresh ground is available to the petitioner for grant of bail.
10. The case law relied upon by the learned counsel for the petitioner entail distinct facts and circumstances, therefore, do not help to the petitioner .
11. For what has been discussed above, the petitioner is not entitled for grant of post arrest bail, therefore, the instant petition is dismissed. However , the petitioner has a legitimate right that his case is to be decided as early as possible, 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 two months , after the receipt of this order under intimation to this Court through the Deputy Registrar (Judicial), by proceeding with the case on day-to-day basis . The A.N.F Authorities are directed to produce all the witnesses on the next date of hearing to ensure speedy conclusion of the trial.