Fiaz Ahmad Anjum Jandran. J. Through this Crl. Misc. petition, the petitioner (Irfan Afridee ) seek bail after arrest in FIR No. 185, dated 09.09.2019, registered under Sections 9(c) 14, 15 & 16 of the Control of Narcotics Substances Act, 1997 (" Act of 1997 ") at Police Station A.N.F ./RD North, Rawalpindi.
2. Briefly , the allegations contained in the instant F.I.R are that on 08.09.2019, complainant Allah Bakhsh Inspector received spy information regarding transportation of huge quantity of narcotics in vehicles bearing Registration No. ANT525/BMW car blue colour , and BD7941, Toyota Surf silver colour . Upon this, raiding party was constituted and reached the place, pointed by the informer . At about 11:05 night Car No. ANT/525 BMW coming from Peshawar side reached at Islamabad Toll Plaza which was intercepted. Two persons namely Kamran Afridi driving the vehicle while Adnan sitting on the front seat were apprehended. The culprits disclosed about the arrival of two more vehicles Bearing No. BD-7441 Toyota Surf and vehicle Bearing No. LEW/06-198 BMW . At about 11:15 night, both the said vehicles reached there and were intercepted. Two persons namely Abdullah driving the vehicle No. BD- 7941 and Anwar Khan sitting on front seat were apprehended while from the other vehicle, Bearing No. LEA-06- 188, Irfan Afridi (present petitioner) and Abdul Hanan were apprehended. On their disclosure, 14 packets of charas weighing 1200 grams, each, total weight 16.800 kilograms from their travelling bags were recovered while from vehicle Bearing No. AN.T52, 30 packets of charas weighing 1200 grams, each, total 36 kilograms charas from the secret cavities of the vehicle, were recovered. From vehicle Bearing No. BD-7941, 30 packets of opium weighing 1200 grams, each, total 36 kilograms opium were recovered, and from Vehicle Bearing No. LEA-06-188, 33 packets of opium, weighing 1200 grams, each, total 39.600 kilograms opium were recovered.
3. Learned counsel for the petitioner contends that the petitioner is suffering from in survical/neck, tumor , for the last six months, which is declared as cancer as per medical reports as well as Medical Board and also confirmed by the Medical Officer of Adaila Jail, Rawalpindi; that the jail hospital and the Government Hospitals are not fully equipped with to treat such like patients and have not facilitated even to operate or to treat the same; therefore, petitioner is entitled to the concession of bail on medical ground.
4. Conversely , learned Special Prosecutor A.N.F has contended that the petitioner was arrested at the spot with huge quantity of contraband; that as per report of the Medical Board, petitioner's disease is a suspected case of
(Rt) sided epidermal cyst, which is not a cancer for which medical treatment is available in the jail hospital, therefore, petitioner not entitled to the concession of bail.
5. Arguments heard, record perused.
6. On merits, perusal of record reveals that 39.6- Kg "opium" was recovered from the possession of the petitioner , which falls within the prohibitory clause of Section 497 Cr.P.0 and entails death punishment, life imprisonment or imprisonment up to 14 years. Therefo re, in such type of cases, no benefit could be extended to the petitioner/accused especially when challan has been submitted in the Court.
7. The samples were sent on 11.09.2019 for chemical examination and the report of the Chemical Examiner confirms that the recovered substance was opium and charas that, too, goes against the petitioner .
8. The challan has been submitted in the Court and trial is in progress.
9. Perusal of Medical Board Report shows that the petitioner is a suspected case of (Rt.) sided epidermal cyst which needs surgical incision if not improved with medical treatment. The report of Medical Board is reproduced hereunder: "Prisioner Irfan Afridi S/O Imran Khan is a suspected case of (Rt) sided epidermal cyst which needs surgical incision if not improved with medical treatment. This patient was planned for surgical incision but did not manage to arrange the 0.T articles for the procedure three times."
The above report did not specify that the petitioner is suffering from cancer and that its treatment is not possible within the jail promises or that the petitioner apprehends threat to his life due to said disease. It signifies that the disease as "epidermal cysts", to be treated with medication first and then surgery as a second recourse. Not every ailment/disease entitles an accused to be released on bail unless such a disease is found life threatening or without possible cure in the prison.
10. In view of above, the petitioner has not been able to make out a case for release on bail on medical grounds.
However , the Jail Authorities, are directe d to impart necessary medical care/treat ment to the petitioner and shall also facilitate him to get his treatment from any government hospital within the ICT. If the treatment requires admission in hospital as per requirement of Medical Experts, the same may also be made under the given circumstances. The petitioner is also allowed to get his treatment from any private hospital at his costs subject to security arrangements by the Chief Commissioner , ICT.
11. 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 have a legitimate right that his case be decided as early as possible, therefore, while relying upon ease 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 three months after receipt of order of this Court under intimation to this Court.