1. ' This matter is fixed for hearing of the Criminal Transfer Application. The present applicant is seeking the transfer of the Special Case No,235 of 1999 (The State v. Naeem alias Sawan) in Crime No,5 of 1997 registered with Police Station, A.N.F. Hyderabad on the ground that the attitude of the learned trial Judge is not above board as he is always seen to be in hurry to dispose of the cases under Control of Narcotic Substances Act without taking proper care to the procedural law which is quite evident from the Case of 7 of 1997 (The State v. Imdad Ali) as in that case the learned trial Judge not only examined the accused on Oath and defence witness but heard the final arguments on the same day i,e, 22-5-2001. According to learned counsel for the applicant the A.N.F. Has serious apprehension that the State cases under Control of Narcotic Substances Act will not be properly adjudicated by the learned trial Judge as he has always reflected an element of favour to the accused in narcotics cases, therefore, it is always feared by the prosecution that fair and impartial trial will not be carried out according to law, hence he has requested for transfer of the case.
2. ' Learned counsel for the applicant has also filed the case diary. When asked as to how the allegations are sustainable against the Presiding Officer and what proof they have got with regard to the allegations levelled against the Presiding Officer by the applicant, learned counsel as well as the applicant invited our attention on case diary. Although the complete case diary has not been filed by them but it is evident from case diary, dated 8-5-2001 that no defence witness was present. Even Special Prosecutor for A.N.F. Was absent. It has also been admitted; by the learned counsel for the applicant as well as applicant that the matter pertains to the year 1999 and witnesses were examined one year back and yet they have levelled allegations against the Presiding Officer that the Judge is always in hurry and has reflected an element of favour to the accused to which they have absolutely got no proof.
3. ' It has been observed by us that such kind of applications are being poured in by such parties without any substance or allegations. The matter pertains to the Special Statutes where the speedy disposal is required under the Statutes. An affidavit filed by applicant Ahmed Saba is also very short and he has not explained his position in his affidavit.
4. We are afraid if we encourage such kind of applications and if such elements are encouraged then no Judge will be safe and the last petal of the rose will be withered. On the face of it this transfer application appears to be frivolous and bogus, however, we are taking still a lenient view with the direction to the application to avoid filing such applications in future as there is specific provision in the Special Statutes for contempt proceedings against such elements. With these observations this criminal transfer application stands dismissed in limine alongwith listed applications.