2002 PLP 71 (YLR)

MUHAMMAD ROSHAN ESSANI. J.

By this application the applicant/accused Muhammad Sarfraz Butt son of Muhammad Deen Butt has sought quashment of proceedings in Special Case No. 1102 of 2001, pending before the learned Special Court, Control of Narcotic Substances, Karachi Division, Karachi, under section 9B of the Control of Narcotic Substances Act, 1997, which arose out of F.I.R. No. 77 of 2001 of Police Station Jamshed Quarters, Karachi. The brief facts of the prosecution case, as disclosed in the F.I.R. lodged by Sub-Inspector Muhammad Aslam Jagirani of Police Station Jamshed Quarter dated 18-3-2001 are reproduced hereinbelow in extenso:-- "Today, I, Sub-Inspector Muhammad Aslam Jagirani was present at Police Station Jamshed Quarters as duty officer. According to report No. 25, 12-45 hours of Daily Diary, some unknown persen from unknown phone number informed that Sarfraz Kabari is selling heroine in his shop situated, near Novelty Cinema, Nishter Road, Karachi, upon his information, I, Sub-Inspector alongwith constable Shafiqur Rehman No. 2719, reached, at the spot at 13-00 hours. Three persons were sitting at the shop and on inquiry they disclosed their names as (i) Sarfraz Bdtt son of Muhammad Deen Butt (2) Kamran Butt son of Muhammad Sarfraz (3) Imran Butt son of Islam Butt. I took search of Sarfraz Butt and recovered 52 purees (sachets) of heroine, weighing 18 grams and sale amount of Rs.2775/- from right-side pocket. One packet of heroine weighing 20 grams was recovered from Kamran Butt. He i.e. Sub-Inspector intended to take search of iron box, lying in the room, whereupon Muhammad Imran, Sarfraz, and Kamran raised hue and cry. On this many people gathered at the spot. After controlling the accused persons Sarfraz Butt and Kamran Butt he attempted to search iron box lying in the room. On this Muhammad Imran Butt made an attempt to get the accused person released. He directed not to hand over key of the box and thereby deterred him in discharge of his official duty and got the accused Kamran Butt released. I, alongwith Constable Shafiqur Rehman were detained in the room by bolting the room. The Station House Officer/Sub Inspector Rehmatullah Khan Murwat alongwith police party reached in mobile at the spot and got us released from the room. The box was broken and 1/2 kilo-gram of heroine in two white plastic packets were recovered. The recovered heroine, sale proceeds and iron box were taken into possession according to the memo. in presence of witnesses Azhar Ali son of Muhammad Ashraf and Abdul Waseem son of Abdul Jameel Khan: The accused Imran Butt and Sarfraz Butt were arrested under the memo. Since heroine has been recovered from accused Sarfraz and Kamran Accused Muhammad Imran deterred in discharge of official duty an thereby abetted in the absconsion of accused Kamran and confined me illegally. Muhammad Imran, is impersonating himself to be an advocate. The heroine is being sold in his supervision by accused persons. Their act falls under section 6/9, Narcotic Act, 342, 353 Penal Code. The accused were arrested under the memo. and they have been brought at the police station alongwith heroine. The cast is registered for possessing the above-said heroine. Copy of F.I.R for inquiry/investigation is being sent to S.I. Muhammad Aslam Awan. He will further investigate the case. Copy of the F.I.R. is being sent as per rules. The applicant/accused Muhammad Sarfraz Butt moved the Trial Court under section 265K, Cr. P.C. for the acquittal of the accused but his application was dismissed by impugned order dated 4-12-2001. We have heard Mr. Ashraf Ali learned counsel appearing on behalf of the applicant/accused Muhammad Sarfraz Butt and Mr. Habib Ahmed, learned Assistant Advocate General on behalf of the State. The latter conceded to the quashment of proceedings.' The perusal of the material placed on record shows that the applicant/accused Muhammad Sarfraz Butt was sent up before the Trial Court under section 6/9 of the Control of Narcotics Substances Act, 1997 read with sections 342, 353, P.P.C. to stand trial. During the pendency of the proceedings the applicant/accused Muhammad Sarfraz Butt moved the high-ups of the complainant for inquiry in the matter, as according to him, no narcotic was recovered from his possession and he was implicated falsely in the case, due to enmity. The matter was investigated by high-ups in hierarchy of the complainant and it transpired that the present case was falsely cooked up against the applicant/accused Muhammad Sarfraz Butt. The letter from Inspector General Police Sindh addressed to D.I.G. Police; Karachi is reproduced herein below in extenso: "From: The Inspector General of Police Sindh, Karachi. To: The Deputy Inspector General of Police, Karachi. No. DIG/CB/ R / CG-657 (Kye) / 200/ (9079-8), dated 5-6-2001 Sub: Transfer of Investigation of Case F.I.R. No. 77/2001 Under section 6/9 Narcotics Act R/W 342/353/225, P.P.C. of P.S. Jamshed Quarters Distt. East Karachi. Enclosed, please find herewith the case file of the subject case alongwith legal opinion of PDSP/Crime Br. Karachi bearing No. PDSP/CB/2001/144, dated 13-6-2001, for necessary action.

2. The case may be disposed of as `B' Class false and charge-sheets vide No. 61- A/2001 and 61-B/2001 may be cancelled.

3. A fresh case against Police Officials namely, S.H.O. S.I. Rehmatullah Marwat (2) S.I. Aslam Jagerani (3) S.I. Aslam Awan (4) PC/2799 Shafiq-ur-Rehman and witnesses Abdul Waseem son of Abdul Jamil and Azher Ali son of Ashraf Ali may be registered under section 6/9 Narcotics Act read with 109/182/211, P.P.C. Encl: Case file (in original) Sd/ (Saleem Ahmed Siddiqui)PS DIGP Crimes For Inspector General of Police Sindh, Karachi. Copy to SP/Crime Branch, Karachi for information, with reference to his No. SP/CB/RDR/516, dated 11-6-2001. Sd/- (Saleem Ahemd Siddiqui) PSP DIGP Crimes For Inspector General of Police Sindh, Karachi". A perusal of the letter produced hereinabove shows that the case against the applicant/ accused Muhammad Sarfraz Butt was proved false in further investigation and it was ordered that it should be disposed of as `B' Class and a case be registered against the complainant and his co-associates. Looking towards the peculiar facts and circumstances of the case and no objection extended by the learned Assistant Advocate General, proceedings of Special Case No. 1102 of 2001 under section 9(b) of the Control of Narcotic Substances Act, 1997 are hereby quashed. The application under section 561-A, Cr.P.C. alongwith listed application stands disposed of. The applicant/accused Muhammad Sarfraz Butt is said to be on bail, his bail bond stands discharged. Narcotic Proceedings Quashed H.B.T./S-216/K Order accordingly