THE STATE through Director-General, ANF vs SAID AHMED

ORDER

' RAJA FAYYAZ AHMED, J.---Bail was declined to the respondent in the case registered under section 9(c) of the CNS Act, 1997, at Police Station Anti-Narcotics Force, Kohat on 25-7-2008 and was granted, vide impugned judgment by the learned single Judge of the Peshawar High Court, Peshawar vide order dated 3-2-2009 challenged through instant criminal petition. The learned Advocate Supreme Court for the petitioner has been heard. The impugned order, F.I.R. And the one passed by the learned Special Court (CNS N.-W.F.P. Peshawar) and other related documents have been gone through carefully. The respondent with his wife and children were in occupation of the car-being driven by one Murad who statedly was also the owner of the said vehicle. Bail has also been declined to Murad accused whereas; the wife of the respondent, both occupants of the car being women were admitted to bail by the learned Special Court/trial Court. It is pertinent to note that according to the learned counsel, the illicit substances comprised of opium 500 grams and Charas powder/Garda 28.400 kilograms was recovered during process of search from the secret cavities attached to the CNG Tank of the Car however, in the circumstances the learned High Court granted bail to the respondent. The operating part of the impugned judgment reads as under:-- "3. Recovery has been effected from the CNG Tank, fixed with the motorcar and whether the petitioner, who was travelling with his wife and two small children, have conscious knowledge of the concealment of narcotics, is a question which has to be resolved at the trial but at present, he is entitled to the concession of bail. Therefore, this application for bail is allowed and the petitioner is directed to be released on bail provided he furnishes bail bond in the sum of rupees two lac (Rs, 2,00,000) with two sureties each in the like amount to the satisfaction of Illaqa/Judicial Magistrate, who shall ensure that the sureties are local, reliable and men of means."

2. Having heard and considered the submissions made on behalf of the petitioner in the light of available record. We have been unable to find any impropriety in the impugned order as the same is unexceptional because the discretion vesting in the court to extend concession of bail was properly exercised in the light of the well set principles governing such matters.

3. This petition being meritless is dismissed. We have been informed that challan has been submitted in the Special Court. The learned counsel is not a position to say if any progress by the prosecution has been made by producing evidence or otherwise. The Regional Director, ANF, Peshawar to ensure that in all such cases evidence is required to be produced at the earliest and all challans must be submitted within the statutory period of 14 days before the court of competent jurisdiction as contemplated by section 173, Cr.P.C. And in the instant case entire prosecution to be produced before court within three weeks. The learned trial Court to conclude the trial positively.

Within six weeks and final result of the case be communicated for our perusal in Chambers through Registrar of this court.