2007 PLP 370 (YLR)

TARIQ SHAMIM, J.

Through this petition the petitioner has prayed for the recovery of his son namely Muhammad Yousaf from illegal custody of the respondents. On 13-9-2006 a bailiff of this Court was deputed to recover the detenu and to produce him before the Court for today. The detenu has been produced by the bailiff and report has also been submitted. The report reveals that the alleged detenu was present in the police lock-up from where he was recovered who on query stated that he had been apprehended by Shah Nawaz, A.S.-I. 15 days prior to the conduct of raid by the bailiff and had not been produced before any Court since then. The report further reveals that, the Moharrir of the police station informed him that neither the detenu was required in connection with any criminal case nor was he arrested by the police of the said police station. However, he did mention that Mushtaq Ahmad, A.S.-I. of Police Station Saddar Renala Khurd had handed over the detenu to him as he was proceeding to conduct a raid.

2. The respondents arc all present in Court who stated that the detenu was an accused in case F.I.R. No.529 of 2006 dated 18-8-2006 registered at Police Station, Renala Khurd for offence under section 392, P.P.C. and had been taken in custody by Mushtaq Ahmad, A.S.-I. Anti-Dacoity Staff on 13-9-2006 and had been lodged temporarily at Police Station Chuchak as he had to conduct raid to arrest the other co-accused of the detenu on information provided by him. The F.I.R., the supplementary statement made by Ali Nawaz complainant dated 20-8-2006 and a copy of Rappat dated 13-9-2006 has been produced before the Court by the Police Officers to show that the detenu had not been kept in illegal confinement or detained illegally.

3. The Rappat referred to above affirms the stand taken by the Police Officers that the detenu had been taken into custody by Mushtaq Ahmad, A.S.-I. on 13-9-2004 in connection with the aforementioned F.I.R. and on his information Mushtaq Ahmad, A.S.-I. after lodging Muhammad Yousaf at Police. Station Chuchak had proceeded to conduct a raid in order to apprehend the other two co-accused. Further, the Police Officers have produced a copy of warrant of arrest of the detenu issued by the learned Magistrate dated 6-3-2006. Thus it is evident that the alleged detenu namely Muhammad Yousaf had been taken into custody by the Police pursuant to the information provided by the complainant through a supplementary statement whereupon warrants of his arrest were obtained and on secret information he was apprehended by Mushtaq Ahmad, A.S.-I. on 13-9-2006 who in order to arrest the other two co-accused had temporarily lodged him at Police Station Chuchak. This fact is further affirmed by the statement made by the Moharrir of the said Police Station before the bailiff of this Court. From the above, it is clear that the alleged detenu has not been kept in illegal confinement or detained illegally by the respondents but had been apprehended pursuant to a criminal case registered against him and others. The petition has no merit which is dismissed. H.B.T./N-97/L Petition dismissed.