Law:

Section:

Criminal Procedure Code (V of 1898)--S. 497---Penal Code (XLV of 1860), 5.274/275/276/ 420/483/482/485/487/467/468/471---Drugs Act (XXXI of 1976), S.23/27--­Bail, grant of---Trial of accused had not been concluded within two months despite direction of Supreme Court as Drug Court was not functioning due to non-availability of the Presiding Officer---Prosecution was unable to give time within which trial was likely to be concluded---Case of accused did not fall under the prohibitory clause of S.497(1), Cr.P.C.---Accused was admitted to bail in circumstances. Basharatullah. Advocate Supreme Court with Muhammad Munir Peracha, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Raja Abdul Ghafoor, Advocate-on-Record for the State. Date of hearing: 11th March, 1998. JUDGMENT RAJA AFRASIAB KHAN, J.---On 29th of March, 1997, a case under section 274/275/276/420/483/482/485/487/467/468/471, P.P.C. read with sections 23 and 27 of the Drugs Act, 1976 was registered with Police Station Crimes Branch, Quetta against Jadeed Gul, Muhammad Jehangir Qasim and Abdul Karim on the complaint of Dr. Muhammad Azeem. The allegations were that Jadeed Gul, Muhammad Jehangir Qasim and Abdul Karim had been doing the business of spurious drugs. Muhammad Jehangir Qasim was apprehended as the information of Haji Abdul Karim. He informed that Jadeed Gul, the petitioner was also involved in the business of spurious drugs. The drugs were being sold through "Gul Medical Store" situated at Jinnah Road, Quetta. Additional Sessions Judge-III, Quetta vide his order dated 8th and 16th of May, 1997 granted bail to the aforesaid accused despite the fact that the High Court did not grant bail to them. On 30th of May, 1997, in exercise of Suo Motu powers, the High Court issued notices to the accused for cancellation of their bail. The State, through Criminal (Cancellation) Bail Application No.163 of 1997 also sought the cancellation of bail of the accused. The High Court vide its detailed order dated 3rd of September, 1997 cancelled the bail of Jadeed Gul and his co-accused, Muhammad Jahangir Qasim. The bail granting order to the extent of Abdul Karim was, however, upheld.…

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