It has now been settled that when there is no substance in allegation, cases could not be transferred on mere whims and choice of accused persons--

 PLJ 2021 Cr.C. (Islamabad) 66 (DB)

Control of Narcotic Substances Act, 1997 (XXV of 1997)--

----Ss. 49, 48 & 9(c)--Conviction and sentence--Challenge to--Recovery of charas--Territorial Jurisdiction of High Court--Transfer case--Transfer of application--Provision of Section 49 of CNSA, 1997, whereby High Court is equipped with powers to transfer case from Special Court to another Court established within territorial jurisdiction of High Court, however, in Islamabad Capital Territory only one Special Court (CNS) has been notified by Federal Government, even otherwise, allegation referred by appellant has not been demonstrated in any manner, rather  High Court considers it as an effort to frustrate Presiding Officer from performance of his lawful duties--It has also been noticed by High Court that in number of cases, accused have usually leveled false and frivolous allegations against Presiding Officer of Court in order to exert pressure for their favourable decisions or sometime assuming on basis of their apprehension, which has nothing to do with ground realities--Held: It has now been settled that when there is no substance in allegation, cases could not be transferred on mere whims and choice of accused persons--Accused is entitled for free and fair trial under law; but on other hand, High Court while’ exercising supervisory jurisdiction has to protect Judicial Officers from such kind of frivolous allegations, which have no basis--Even otherwise it is not a private dispute among parties, whereby one; of parties is related to Presiding Officer, rather instant case has been lodged on complaint of Anti Narcotics Force, which is an independent authority dealing with illegal transportation of drugs and psychotropic substances etc.--Transfer application was no substance so, this appeal was dismissed.

                                                                          [Pp. 68 & 69] A, B & C

Raja Haseeb Sultan, Advocate for Appellant.

Date of hearing: 1.12.2020.

 PLJ 2021 Cr.C. (Islamabad) 66 (DB)
Present: Mohsin Akhtar Kayani and Fiaz Ahmad Anjum Jandran, JJ.
KAMRAN AFRIDI--Appellant
versus
STATE--Respondent
Crl. A. No. 191 of 2020, decided on 1.12.2020.

Order

Mohsin Akhtar Kayani J.--Through the instant appeal, the appellant has assailed the order dated 24.11.2020, passed by learned Judge Special Court (CNS), Islamabad, whereby application filed by the appellant for transfer of the case F.I.R No. 185/19, dated 09.09.2019, under Section 9-C CNSA, 1997, P.S ANF, Rawalpindi has been turned down.

2. Learned counsel for the appellant inter-alia contends that appellant is accused in the above mentioned criminal case and is facing trial, despite his arrest w.e.f. 09.09.2019, the Trial Court has not framed the charge and even he has tiled application for transfer of case that appellant belongs to Afridi Tribes, and their opponents are openly claiming that they have some nexus with the learned Judicial Officer of the trial Court and they have managed to get the appellant convicted, lie further contends that his application has not been considered by the Trial Court in its true perspective and even impugned order is silent to that effect. He further contends that he has lost his interest upon learned Trial Court and his case be transferred to any other Court in terms of Section 49 of CNSA, 1997.

3. Arguments heard and record perused.

4. Perusal of record reveals that appellant is facing trial with Special Court (CNS), Islamabad in case F.I.R No. 185/19, dated 09.09.2019, under Section 9-C CINSA, 1997, P.S ANF, Rawalpindi, whereby challan has been submitted in the Court and case is now fixed for provision of copies in terms of Section 265-C Cr.P.C. The appellant has filed application for transfer of case from Special Court (CNS) to another Court with the particular allegation that opponent of the appellant’s tribe in the same area are claiming that:

"ہمارے مخالفین جو کہ اسی علاقہ سے ہیں اور بقول اُن کے ہمارا تعلق جج صاحب کے ساتھ ثبت ہے۔ ہم ان تمام ملزمان/سائیلان کو سزا کروا کر چھوڑیں گے۔

یہ کہ سائیلان/ملزمان کو عدالت حضور سے انصاف کی اُمید نہ ہے۔ عدالت حضور کا تعقلق بھی اُسی علاقہ اور فیملی سے ہے۔"

5. Whale considering the above contention of the appellant, it appears that appellant is overstretching hits apprehensions, which are not justified from any record, even though the appellant’s counsel has been Confronted to place any material to prima facie  demonstrate any relationship of the learned Presiding Officer of the Court from any particular tribe with reference to this case, whereby no such material has been appended with this appeal nor placed on record. The entire record further reflects that it is not a case of private parties, who are dragger drawn against each other, rather appellant Kamran Afridi, who has been arrested on 08.09.2019 by the ANF Authorities in BMW Car, Registration No. ANT/525 being its Driver, who are working in coordination with other co-accused and separately transporting the narcotics in other vehicle and total got recovered 16.800 K.G Charas, 36 K.G Charas, 36 JK.G Opium, 39.600 K.G Opium respectively.

6. We have also gone through the provision of Section 49 of the CNSA, 1997, whereby the High Court is equipped with the powers to transfer the case from Special Court to another Court established within the territorial jurisdiction of the High Court, however, in Islamabad Capital Territory only one Special Court (CNS) has been notified by the Federal Government, even otherwise, the allegation referred by the appellant has not been demonstrated in any manner, rather this Court considers it as an effort to frustrate the learned Presiding Officer from performance of his lawful duties.

7. It has also been noticed by this Court that in number of cases, accused have usually leveled false and frivolous allegations against the Presiding Officer of the Court in order to exert pressure for their favourable decisions or sometime assuming on the basis of their apprehension, which has nothing to do with the ground realities.

8. It has now been settled that when there is no substance in the allegation, the cases could not be transferred on mere whims and choice of the accused persons. We are mindful of the fact that accused is entitled for free and fair trial under the law; but on the other hand, the High Court while’ exercising the supervisory jurisdiction has to protect the Judicial Officers from such kind of frivolous allegations, which have no basis. Even otherwise it is not a private dispute among the parties, whereby one of the parties is related to the Presiding Officer, rather instant case has been lodged on the complaint of Anti Narcotics Force, which is an independent authority dealing with the illegal transportation of drugs and psychotropic substances etc.

9. In view of above, we are not inclined to accept the transfer application as there is no substance in this appeal, therefore, same is hereby dismissed in limine.

(A.A.K.)          Appeal dismissed