Law: Criminal Procedure Code (V of 1898)

Section: 497,173

Law: Control of Narcotic Substances Act, 1997

Section: XXV,9

Criminal Procedure Code (V of 1898)-------S. 497---Control of Narcotic Substances Act (XXV of 1997), S. 9---Possession of 1600 grams charas---Bail, grant of---Delayed submission of challan---Available record did not carry any justifiable explanation regarding delayed submission of challan i.e. after about 190 days despite of the fact that S. 173, Cr.P.C. directs submission of challan within 14 days and in case of incomplete investigation, an interim report was to be submitted to the Court by the SHO concerned within next three days and the Court was required to commence the trial on the basis of such interim report---Prima facie, it seemed that right of fair trial guaranteed by the Constitution stood infringed because of apparently willful abstaining from submission of challan to the Court in time---Said fact, prima facie, showed mala fide on the part of concerned officials which made the case one of further inquiry into petitioner's guilt---Mere registration of criminal cases against the petitioner and even his conviction in two of the cases was not a fact sufficient to disentitle him to the grant of post arrest bail---Petition was allowed, in circumstances and accused was granted bail.Adnan Prince v. State through the P. G., Punjab and another PLD 2017 SC 147;Subhan Khan v. The State 2002 SCMR 1797; Gul Rehman v. The State through AG,KP, Peshawar PLD 2021 SC 795; Amjad Khan v. The State through A.G. Khyber Pakhtunkhwa and others 2021 SCMR 1458; Ram Prakash Pandey v. State of U.P. and another AIR 2001 SC 3592; Muhammad Rafique v. The State 1997 SCMR 412; Qurban Ali v. The State and others 2017 SCMR 279 and Nadeem Aslam v. The State and another 2019 YLR 415 rel.ORDERSYED SHAHBAZ ALI RIZVI, J.---This is in continuation of my short order of even date which canvasses the following details.2.    Shehzad, petitioner seeks post arrest bail in case FIR No.686 dated 30.10.2022 registered for offence under Section 9(1)3C of the Control of Narcotic Substances Act, 1997 at Police Station Saddar District Sargodha.3.    Learned Prosecutor accepts the notice.4.    Heard. Perused.5.    As per…