2005 P Cr (PLP)

Through this petition petitioner seeks bail after arrest in case F.I.R. No.655 dated 13-12-2004 under section 9 C.N.S.A. registered at Police Station Baghbanpura Gujranwala.

2. According to the prosecution allegation set up in the F.I.R. Khalid Mateen Inspector Investigation Model Town, Gujranwala along with other police officials were on patrol duty on 13-12-2004 when he received secret information that the petitioner was selling Charas in the area of Mohalla Gulshanabad and consequently he raided the petitioner and apprehended her and from her person 3 Kgs. of Charas was recovered out of the said contents 10 grams were separated and made into a sealed parcel for Chemical analysis and the report of the Chemical Examiner confirmed the contents to be that of Charas. Upon conclusion of the investigation the report under section 173, Cr.P.C. had been submitted.

3. It is pleaded on behalf of the petitioner that false case has been made out against the petitioner who is lady merely on account of enmity and that the entire police record is fabricated which makes the case against the petitioner a matter of further enquiry.

4. The perusal of the record reveals that the complaint was recorded by Khalid Mateen, Inspector, Investigation, Model Town, Gujranwala and then the recovery memo., was also recorded by him thereafter the investigations were made over to Muhammad Sarwar Inspector Investigation who had recorded statement of the witnesses under section 161, Cr.P.C. and upon conclusion of the investigation had submitted report under section 173, Cr.P.C. The record shows that the complaint, the recovery memo. and the statements under section 161, Cr.P.C. are all in the same handwriting and Muhammad Sarwar Inspector has admitted in the Court that they are in the handwriting of Abdul Rauf Constable and he only signed the said documents. He further stated that he did not record The said documents. He stated that his right hand is infirm and he is not able to write with the same. However, the police record does not reveal the said facts and it has been shown there that all the documents had been recorded by Khalid Mateen and Muhammad Sarwar Inspectors themselves. Even the presence of Abdul Rauf Constable, who is scribe of the documents as not been shown anywhere in the police record. The recovery memo. in this case is the main investigational instrument, which has not been drafted by the Investigating Officer himself and is drafted by a person who was not even present at the time of raid was conducted and the alleged narcotic substance was recovered. Thus, the entire prosecution case has been built up on the basis of false investigational record. It is extremely sad that the investigations have been conducted in this manner in a case, which entails capital punishment. The dubious and fake record does not furnish any legal basis for trial of the petitioner in this case. Therefore, we convert this petition into petition for quashment and quash the F.I.R. The petitioner shall be released from jail forthwith if not required in any other case. 4-A. Copy of this order be sent to I.-G.P. Punjab for his information and knowledge of the manner in which the investigations are being conducted in cases at the District level. The I.-G.P. is directed to take remedial measures to ensure that the investigations in criminal cases are conducted in accordance with law and police rules. H.B.T./N-50/L Order accordingly. ***