Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: West Pakistan Arms Ordinance, (XX of 1965)

Section: 13

Law: Control of Narcotics Substances Act, 1997

Section: 9

Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), S.9---West Pakistan Arms Ordinance (XX of 1965), S.13---Possession, import, export and trafficking of narcotics---Bail, grant of---Earlier bail application filed by accused was dismissed by the High Court with direction to the Trial Court to conclude the trial of the case within shortest possible time, but not later than two months---Despite said direction of High Court, trial against accused had not commenced---Said delay could not be attributed to accused, because he had availed his legal right by submitting application for determination of his age; it was the duty of prosecution to get determined age of accused at investigation stage, but prima facie it appeared that prosecution had intentionally avoided getting the age of accused determined---Prosecution had failed to advance any reason for non-compliance of the direction of High Court---Whenever a specific direction was issued by a superior court, same must be acted upon, or at least some efforts towards achieving that object, must appear to have been made---No measures, in the case were taken for faithful compliance of court's direction, which constituted a sufficient ground for enlargement of accused on bail---Even otherwise there was no likelihood of conclusion of trial in near future---Case for bail on fresh ground was made out in favour of accused being Juvenile Offender---Accused, was admitted to bail, in circumstances. 1997 SCMR 436; 1999 SCMR 2147; 2003 MLD 1504; 2009 PCr.LJ 47; 2011 YLR 341 and 2006 SC 1805 ref. THIS JUDGMENT DELIVERED BY: MIAN FAISH-UL-MULK, J.--- Petitioner Siraj Khan son of Saudagar along with five others have been arrested by the police of Anti Narcotics Force, Haripur and case was registered against them vide F.I.R. No. 1 dated 18-8-2010 for alleged commission of offence under sections 9 C.N.S.A. and 13 Arms Ordinance. Petitioner applied for post arrest bail before the court of learned Special Judge (C.N.S.) Peshawar which was turned down vide order dated 16-9-2010. Thereafter, petitioner filed Criminal Miscellaneous No.494 of 2010 before this Court, which came up for hearing…

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