Report sent by the learned Magistrate has been perused. He regrets, that the trial could not be concluded on account of the slackness on the part of the prosecution to produce prosecution witnesses. Report further indicates that cases of similar nature are being sent to the Court of Sessions Judge to conduct the trial. Accordingly, the learned Sessions Judge, Lahore is directed to take up this case on priority basis.
2. Mr. RA. Awan, Advocate learned counsel for the petitioner contends that the petitioner is entitled to the grant of bail on statutory ground, and the delay is not attributable to the petitioner. I have considered all these aspects of the case, in such like cases, I am not inclined to grant bail, therefore, this petition stands dismissed.
3. In course of arguments, learned counsel has placed before me a certified copy of the order passed by the learned Additional Sessions Judge, Lahore dated 22nd of April, 1989, in which, one Muhammad Shari son of Karm Din was granted bail by Mehr Muhammad Altaf, Additional Sessions Judge, Lahore. In this case, one Kilogram heroin was recovered from the accused. Bail was allowed to the accused on statutory ground.
4. In this view of the matter, in exercise of the suo motu powers, notice is hereby issued to Muhammad Shafi, to show cause as to why bail allowed to him should not be cancelled. Record of this case be also called for.
5. To come up on 30th of May, 19$9.
SA./G-247/L