Case Details

Citation(s)
2021 SLG 1854 2021 SLD 1854 2021 PLJ 656
Peshawar High Court
Crl. M.B.A. No. 1993-P of 2020, decided on 24.7.2020, Date of hearing: 24.7.2020.
WAQAR AHMAD SETH, CJUSTICE.
Mr. Iftikhar Ahmed, Advocate for Petitioner. Mr. Arshad Ahmed Khan, AAG for State/
Respondent.

ASIF

VS

STATE

Law: Control of Narcotics Substances Act, 1997

Section: 9(d)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(d)--Criminal Procedure Code, (V of 1898)--Post arrest bail on ground of statutory delay dismissal of--Laps of sufficient time--This is a fit case for digging out actual culprits but ultimate sufferer would be petitioner as in proceedings record of case will have to be requisitioned/asked for conducting proceedings, hence without going into inquiry proceedings SSP investigation is directed to strictly comply law regarding submission challan before court in future--Each and every case/complete challan signed by SHO within 24 hours shall be forwarded to next hierarchy in order and would not be delay at any next pretext on one table beyond 24 hours--Bail Petition dismissed. JUDGMENT Accused-petitioner, Asif son of Fazal Subhan, charged in case vide FIR No. 428 dated 11.05.2020, under Section 9-D CNSA, registered at Police Station, Urmar, Peshawar, has approached this Court for release on bail, on the ground of non completion of trial. 2. Since on merits, bail plea of the petitioner has been declined by this Court via Cr. M BA No. 1509-P/2020, therefore, neither facts nor discussion thereon is warranted. 3. I have heard learned counsel for the petitioner, learned Addl. AG for the State and available record gone through. 4. This Court in earlier round of litigation while refusing the petition had directed to prosecution to submit complete challan within seven days before the trial, whereas today learned counsel for the petitioner is seeking bail that despite direction and laps of sufficient time, challan has not been submitted before the competent Court of law. On the previous date, learned Addl. AG was directed to call learned Public Prosecutor, Peshawar, who later on appeared and…
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