Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 497 & 265(c)--Control of Narcotic Substances, (XXV of 1997), S. 9(c)--Bail, grant of--Statutory ground--Non-conclusion of trial--After lapse of more than one and a half years, trial of petitioner could not be concluded, inspite of fact, that no delay has attributed to petitioner except on two occasions, whose counsel was not available--Petitioner is behind bars since 17.10.2015 and if trial Court shall proceed with trial with such a pace, it would not conclude in near future; hence, petitioner has made out a case for bail on statutory delay. THIS JUDGMENT DELIVERED BY: WAQAR AHMAD SETH, JUSTICE---.--- Petitioner, Idress son of Sifat Khan, having been involved in case FIR No. 1461 dated 17.10.2015 under Sections 9(c), Control of Narcotic Substances Act, 1997 registered atHayatabad, Peshawar was refused bail on statutory ground i.e. non-conclusion of trial by the learned Additional Sessions Judge-VIII/Judge Special Court, Peshawar vide order dated 16.11.2017. Now, he has approached this Court for the same purpose. 2. As per contents of F.I.R. on 17.10.2015, the local police of PS Hayatabad, Peshawar, on spy information, made nakabandi at the place of occurrence, when in the meanwhile, motorcar/Alto Bearing Registration No. AB-4714/Karachi coming from tribal territory was overpowered. The driver disclosed his name as Muhammad Idress. On search of vehicle, 15 packets charas garda weighing 15 Kgs were recovered from its secret cavities made in the petrol tank, out of which, 5/5 grams from each packet were separated for analysis through FSL and the remaining stuff was separately sealed in a parcel. The accused was arrested on the spot and a case under the above section of law was registered against him. 3. Arguments heard and record perused. 4. On merit, the petitioner was refused bail upto this Court and now he seeks bail on statutory ground i.e. non-conclusion of trial, therefore, merits of the case need not to be discussed. In the instant case, complete challan was submitted in Court on 20.4.2016 and the case was entrusted to learned Additional Sessions Judge-VIII, Peshawar for disposal, who summoned the…

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