The petitioner Bachan Soap, who is involved in a case under Articles 3 and 4 of the prohibition (Enforcement of Hadd) Order, 1979, arising out of F.I.R. No. 468, dated 10-9-1986, registered at Police Station Sadar Attock, has sought to be released on bail.
2. It has been alleged that as a result of raid conducted by the Excise and Taxation Officer, Attock, on 9-9-1986 at 11-15 p.m. On a bus bearing registration No. PRT 598, coming from Peshawar, the petitioner was caught carrying a bag containing opium weighing 1050 grams. The petitioner was thus apprehended and case registered. Some quantity of opium out of the opium allegedly recovered from the petitioner was sent to the chemical examiner for analysis and the result has been received in positive.
3. It has been urged on behalf of the petitioner that he was behind the bars since 9-9-1986, but the challan has not yet been submitted. Thus, the bail has been sought on the ground of delay in submission of challan and commencement of the trial.
4. The learned counsel for the State has conversely intimated that the challan in this case was submitted on 28-9-1986. The offence allegedly committed by the petitioner in view of the weight of the opium allegedly recovered from him falls within the Prohibitory clause.
5. On the ground of mere delay in the commencement of trial, the petitioner cannot be released on bail, particularly when he is involved in an offence falling within the prohibitory clause. His application for bail is, therefore, dismissed.
The learned trial Court is, however, directed to decide the case against the petitioner within three months.