Mudeer Versus State

Order

S M Attique Shah, ACJ .--- Accused-petitioner seeks his release on bail in case FIR No.209 dated 06.03.2023 under section 9(D) of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 of Police Station Akora, District Nowshera on the ground of statutory delay in the conclusion of the trial.

2.The allegations against the accused-petitioner, as per the FIR ibid, are that a recovery of 94380 grams of Charas and 49720 grams of Opium was effected from the vehicle bearing registration No.512/LHC, driven by him at the relevant time.

3.On the preceding date of hearing, this Court, keeping in view the fact that all the police / official witnesses were showing reluctance to appear before the learned trial court for the purpose of recording their statements, had passed the following directions:-

2. Pursuant to such directions, the Regional Police Officer Mardan and District Police Officer Nowshera while executing the NBWs of arrest against the Prosecution witnesses namely, M/s Rauf Khan, DSP (CTD), Nowshera, Muhammad Salim Khan, SHO/SI/OII City Charsadda, Shakoor, Constable No.1118, Nowshera, Sahil Constable No.448 Nowshera (Lower Court Hangu) and Ali Said LHC No.522, Nowshera produced them before the court. With respect to non-appearance of the five official witnesses before the learned trial court despite repeated summons and NBWs of arrest for recording their statements, neither the RPO Mardan nor the DPO Nowshera could give any plausible explanation to such extent and the reasons, so put-forth by the worthy RPO Mardan about the professional engagements of the official witnesses not seeming to be reasonable, hence, cannot be appreciated. This court itself has thoroughly gone through the entire record and found that all the aforesaid official witnesses remained adamant towards the court's directions insofar as their non-appearance for recording their statements is concerned. Anyhow, this court cannot shut its eye from such conduct of the prosecution witnesses, who are indeed police officials, hence, both, the Regional Police Officer Mardan and the District Police Officer Nowshera are directed to lodge/confine all the aforesaid official/prosecution witnesses in judicial lockup till 18.06.2025 and produce them before the learned trial court on the next date of hearing, which is 18.06.2025, for recording their statements. A compliance report about their confinement shall be shared with the court by the worthy Regional Police Officer Mardan by tomorrow through the worthy Registrar of this court. The learned trial court is however directed to ensure the conclusion of the prosecution evidence on the same date. A compliance report about the proceedings before the learned trial court shall be submitted to the Additional Registrar (Judicial) of this court. Adjourned to 20th instant for further proceedings.

Before parting with the order, this court has observed with a degree of concern that the normally cases are not concluded /decided within the statutory periods, so provided by the statutes /law only because the prosecution is always found helpless to ensure the production of its witnesses, therefore, the learned Advocate General is directed to convene a meeting with the worthy Inspector General of Police Khyber Pakhtunkhwa, the worthy Director General Prosecution, worthy CCPO, Peshawar, all the worthy Regional Police Officers of their respective regions and find some via media / mechanism for the smooth and swift conclusion of trials before the learned trial courts within the stipulated statutory periods, so provided by the Statutes / Law. The needful be done within thirty working days. Complete and comprehensive report to such extent be submitted through the Additional Registrar (Judicial) of this court for the perusal of the Bench in its Chamber. A copy of this order sheet be endorsed to all of them for compliance.

In compliance thereof, all the official witnesses duly appeared and recorded their statements before the learned trial court yesterday (19.06.2025). As a result, the trial proceedings in the instant case have been effectively concluded to that extent, which is evident from the report, so furnished by the learned trial court pursuant to the ibid directions of this court, available on file, and now the matter is fixed before the learned trial court for 24.06.2024 for the purpose of recording the statement of the accused under the relevant provisions of law. This development reflects a positive step toward the expeditious disposal of the case in accordance with law.

4.The learned Advocate General also apprised the court that pursuant to ibid directions of this court, he has written a letter dated 16.06.2023 to all the stakeholders (copy placed on file) and a proper meeting in line with guidelines of this court would be convened shortly. He is directed to furnish minutes of the meeting / progress report through the Additional Registrar (Judicial) of this court for the perusal of the Bench in its Chamber.

5.This Court has noticed with a great degree of concern that in a good number of cases, trials have remained pending well beyond the statutory period, so prescribed by the law. Such delays not only erode public confidence in the administration of justice but also stand in direct contravention of the fundamental principles of fair trial and timely adjudication, which form the bedrock of our legal system. The failure to conclude trials within the prescribed period adversely affects the rights of all stakeholders, particularly the accused persons, who are presumed innocent until proven guilty, and the victims, who await closure and redress.

6.At this juncture, this court must say that, despite the existence of a well-structured framework for the expeditious disposal of cases, as provided in the National Judicial Policy, 2009, still the rate of disposal of criminal cases remains discouragingly low. In many instances, the proceedings continue to progress at an unacceptably slow pace, akin to a snail's crawl, thereby defeating the very spirit of timely justice and undermining public confidence in the efficiency of the criminal justice system. Relation portion of the guidelines of the National Judicial Policy, 2009 is reproduced herein below for ease of reference:-

Chapter XX and XXII-A of the Code of Criminal Procedure 1898 prescribe detailed procedure for trial of cases by Magistrate and the Court of Sessions to ensure fair trial for the accused. Since this procedure takes longer time, therefore to finalize the proceedings, the following measures should be adopted to cut short the delays:

The purpose and intent behind the aforesaid reproduction was to underscore and draw the attention of all the stakeholders viz. subordinate courts, members of the legal fraternity, officers / officials of justice sector and the litigants to the prevailing issues insofar as non-disposal of cases within the stipulated period is concerned. It serves as a reminder of their shared responsibility in ensuring the timely dispensation of justice and to highlight the need for greater diligence, commitment, and adherence to judicial norms and timelines. All the courts, subordinate to the High Court, across the province are supposed to ensure strict compliance with the guidelines laid down in the National Judicial Policy, 2009 because adherence to these directives is essential for securing the timely and effective disposal of criminal cases within the prescribed periods.

7.Reverting to the main case, since the trial has been successfully concluded of course pursuant to the directions of this court and presently the matter is fixed for 24th instant for recording the statement of accused in terms of section 342 Cr.P.C., whereafter, the case would be ripe for final arguments and it is anticipated that the matter will be decided within one or two hearings at most, therefore, this court understands that grievance of the accused-petitioner qua non-conclusion of his trial has been adequately redressed. This petition having become infructuous is thus disposed of.

JK/61/P Order accordingly.