Mudeer Vs The State

I

JUDGMENT SHEET

IN THE PESHAWAR HIGH COURT

JUDICIAL DEPARTMENT,.

Cr Misc (Bail Aooli tion) No.179GP12025

ORDER

Dote of helring 20t June, 2025

Petitioner By Mr. Gul Darrz Khan, (Mudeer) Advocrte.

Respondent By Mr. Shah Faisal Utmankhel, (State) Advocate General.

* * * ****r. r. rt lr* rt*rt rt rt tt tt 9, M. ATTIQUE SHAH. Adl,- Accused- petitioner seeks his release on bail in case FIR No.209 dated 06.03.2023 under section 9@) of the Khyber Patfitunkhwa 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 Md 49720 gftIms of Opium was effected from the vehicle bearing registration No.5l2lLHC, 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 appeax before the leamed trial court for the purpose of recording their statements, had passed the following directions:-

t' Yesterday, keeping in view the controversy iwolved in the matter, this court hod issued tlefollowing directions:- This cowt, afrer examining the entire reard coupled with otder sheets of the leamed tlial court has obsemed with a great degree of concern that the prosecution witnesses, who happen to be the police ofrcials, are louttd lelucta t ruther adamant to apryff before the leanwd trial cotrt to record their stqtemenls and in this regard even the lesned trial court has been found helpless and hatdicapped to procure their attendance ,atuithsta dW NBW| were issrcd against tlam tine and again and lastly on 04.06.2025, when the learaed trial court while adjosnw the case for 18.06.2025 made directions for the issuance of fresh NBWs of arrest against the absent PWs viz. Serial No.2, 4, 5, 9, l0 ofthe calendor of winesses. As such, this court deems it appropriate lo isstg direction to the worthy District Police Ofrcer, Nowshera to positively aecute the NBW| of anest against the ibid PWs and they shall be pro&rced beforc this court tomorrow i.e- lith instant. The ofice is directed to endorse copy of this order sheet to the leorned Adwcate General, worthy Inspector General of Police, worthy D.I.G, ]ulardan Division and wotthy District Police We4 Nowshera for information. The worthy D.I.G, Mardan Division be also W on notice for tomonow i.e. l3th instant to bt this court knov)s that wlry the PWs have failed to appear before the learued trial court in the case in N,hich huge quafiiA of narcotics is irvolved. Adi otrned.

2.Pursuant to such directions, the Regional Police Offrcer Mardan and District Police fficer Nowshera while executing the NBWs of arrest against the Prosealion witr4sses namely, Iut/s Rauf Khan DSP (CTD), Nowshera, Muhammad Salim Khan, SHO / il / O CiO Charsadda, Shakoor, Constable No.1I18, Nowshera, Sahil Constable No.448 Nowshera (Inwer Court Hanga) and Ali Said LHC No.522, Nowshera produced them before the courl With resryt to ran-appearat0e of the live ofrcial wifiesses before the learned trial court despite retrEated summons and NBWs of arrest for recording their statements, neither the RPO lvlardan nor the DPO Nowshera could give any plausible explanation to such extent and the reasons, so Wt-forth by the worthy WO Mardan about the

professional engagements ofthe ofrcial ,itnesses not seeming to be reasorable, hence, carmot be appreciated This court itself has thoroughly gone througl the entbe record and fomd that all the aforesaid oflicial witnesses remained adamant tou)ards the court's directions inso/ar as their non'aPryarance for recoding theit statements is concerned. Anyhow, this court cannot shut its eye from such conduct of the yosecution wittesses, who ore indeed police oficiak, hence, both, the Regional Police Oficer Mardan and the District Police Ofrcer Nowshera are directed to lodge / confine all the aforesaid offrcial / prosecution witnesses in judicial lockup till 18.06.2025 and produce them before the lemned trial court on the next date of hearing, which is 18.06'2025, for recording their stdtemenls. A compliance relnrt about their confinement shall be shared with the court by the worthy Pcgional Police Ofrcer Mardan by tomorrow through the v,orthy Registff of this court. The learted trial court is however directed to enswe the corclusion of the prosecution evidence on the same date. A compliance regtrt about the proceedings before the learrred trial conrt shall be submitted to the Additional Registrar (Judicial) of this cowt. Adjoumed to 2P instdnt for firrther proceedings.

Before parting with the order, this court has observed with a degree of concem that the normally cases are not concluded / decided within the stdutory Wiod& so provided by the stantes / law only because the prosecution is always found helpless to ensure the production of its witnesses, therefore, the learned Advocate General is direaed to cowene a meeting with the wortlry Insrytor General of Police Khyber Pakhtunkhwa, the v)ortlry Director General Proseeution, worthy CCPO, Peshawar, all the wortlry Regionat Police Oflcers of their respective regions ond find some via media / mechanhm for the smooth and swifi conclusion of trials before the learned tridl courts within the stirylated statutory periods, so provided by the Statutes / Law. The needful be done within thirty worwng da1r. Complete and comPrehensive rewrt to such extent be submitted ttrough the Additional Registrar (Judicial) of this cowt for the perusal of the Bench in its Chamber. A copy of this order sheet be endorsed to all ofthem for compliance.

In compliance thereof, all the official witnesses duly appeared and recorded their statements before the leamed 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 fumished 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 leamed 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 concem 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 ofjustice but also stand in direct contravention of the fundamental principles of fair trial and timely adjudication, which form the bedrock ofour 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 ofreference:-

10)All criminal cases punishable with inprkon ent lrom 7 years and above including death cases sholl be decided wilhin a period of I year.

Chapter XX and n I-A o/ the Code of Crininal Procedure 1898 prescribe detailed procedure for trial of cases by Magistote and the Court of Sessiow to enswe fsir tial for the acctued, Since this procedure lakes longer time, therclorc to finalize ,he Foceeding4 the follora)ing measures should be qdopted ,o cut short the delays:

(a)On receipt ofChallan the coutt shall iwnediately fix tle case and isstu pro&rctionworra ts/notice.

O) When the accused is brouglt or appars before llv court he should be provided vith copies of stqternenls qnd relevanl documents as prwided undet section 241C qnd 265C Cr.P.C and be directed to ewure pesence of his Counsel on the next date of hearing enabling the court lo commerue the fiial.

(c)Under section 17i Cr.P.C, it is ,he duty of the concerned SHO / hwesrigatixg Wer to pto&ce

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vitnesses qnd cose prqefiy before the court

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dut@ triql. Thereforc, lhe cowt shall take all tBcessary meafllres to bind the SHO / IOs to proate evidence on the lxed dote,

(d)For ensuring production of wituesses, @ IOs should provide land line telephone number, cellular phone mtmber, e-mail addrcss to lhe court / ptosecutor fot timely service.

(e)All efforts should be nade to produce witnesses and the case property on the ftrst dale of heqriqg.

$ lf no case is nade out or there is no probability of accused being corvicted, the accused should be acquiaed of the chtrge under Section 249-A or 265- K Cr.P.C, as the case may be.

(g)The court shall not gtant unnecessary adjournments and ifpossible should poceed with the case on dqy to-day basis.

(h)Tlle court shall take care that only reletant and admissible evidence k recorded.

(i)Tlu Disttict and Sessions Judges should hold meetings wilh the jail authari ies to ensure the production of WPs on the date of he$ing to avoid delal,s on accounl of non-production of prisoners.

A) Tk coutt should take slrict action qgainst the parlies u witnesses causing detiberote delays in proceedings.

(k)The judgnents should be bqsed on vell founded reqsons and acumen so thot it not only resolve the disrytes but also lessen the prospects of futute litigqtiotl

(l)Delqy in disposal of criminal cases is moslly due to the non-cooPerqtion ofrelevant stakeholders of justice sector ruuely, latyers, police and prison aulhorities; thereforc, ,he court should ensure that they nqy fulfrll their legal obligations ,o minimize delqys and expedite trials.

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 ofjustice sector and the litigants to the prevailing issues insofar as nondisposal of cases within the stipulated period is concemed. It serves as a reminder of their shared responsibility in ensuring the timely dispensation of justice and to highlight the need for greater diligence, commitnenq and adherence to judicid 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 246 instant for recording the statement of accused in terms of section 342 CrPC, 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' An nounced

20.06.2025 ACTING CIIIEF JUSTICE

(*cv91 (s.,)Ja e S M. Adouc Shah- HACJ