1982 P Cr (PLP)
WALI DAD KHAN‑Petitioner Versus DISTRICT MAGISTRATE & TRIBUNAL (SOUTH), KARACHI
| Citation | 1982 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | G. M. Kourejo, J |
| Parties | WALI DAD KHAN‑Petitioner Versus DISTRICT MAGISTRATE & TRIBUNAL (SOUTH), KARACHI |
| Primary Law | Sind Crimes Control Act (IV of 1975) ‑ |
Q1: What are the key laws and sections cited in 1982 P Cr (PLP)?
This judgment primarily cites: Sind Crimes Control Act (IV of 1975) ‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1982 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: G. M. Kourejo, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1982 P Cr (PLP) (WALI DAD KHAN‑Petitioner Versus DISTRICT MAGISTRATE & TRIBUNAL (SOUTH), KARACHI). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. Nasiruddin for Petitioner.
- Muhammad Ibrahim Memon, A. A.‑G. for Respondents.
- Dates of hearing : 30th November and 2nd December, 1981.
Headnotes / Summary
‑‑ S. 14 read with S. 5 & 6‑Detention, validity of‑Police report 'containing vague allegations such as detenu indulging in charas, a notorious charas seller and a desperate person who would generally, assault public
Tribunal instead of issuing summons in first instance issuing non‑bailable warrants against detenu, without recording substance of report or information laid by Police, in his order directing issuance of warrant‑List of cases cited as instances disclosing two of such cases being compromised long ago while others old cases arid their fate not known‑Cognizance taken by Tribunal under Act, held, could not b sustained in absence of compliance of requirement of Ss. 5 & 6 of Act --‑Order set aside, in circum stances. Ali Muhammad Solangi v. Tribunal/S. D. M., Nazimabad, Karachi P. L D 1980, Kar. 267 ref.
Judgment & Decree
A. C. M. No. 26 Compromised on 5th February, 1972. (2) 301/1971 under section 324/34 -do- -do- (3) 190/1974 under section 379, T. P. X. Police Station. S. D. M. Harbour. 10th February, 1972. (4) 146/1975 under section 43 (3) Sessions Court P. Court. (5) 211/1976 under section 307/34 A. C. M. 13(5) P. Court
2. I have heard Mr. S. Nasiruddin, the learned counsel for the petitioner and Mr. M. I. Memon the learned Additional Advocate‑General for the respondent. Mr. S. Nasiruddin has invited my attention to the case of Ali Muhammad Solangi v. Tribunal/S. D. M. Nazimabad, Karachi (P L D 1980 Kar. 67), wherein the Division Bench of this Court held that a mere list of cases in which the detenu was challaned cannot be a substitute for statement of particulars to be given under section 5 of the Act, section 6 of the Act like section 5 of the said Act also provides for the same particulars. What I find that even the list of the cases shows that two of such cases were compromised long back and three others were pending as long back as in the years 1974, 1975 and 1976 and the learned Additional Advocate‑General is doubtful as to whether they may be still pending in the Courts. In numerous cases this Court has held that cognizance under the Act cannot be sustained in the absence of compliance of the requirement of its section 6, and warrants cannot be issued against the detenu in absence of compliance of the requirements of its section
5. Mr. M. I. Memon, the learned Additional Advocate‑General has very frankly conceded that there is no compliance of the requirements of sections 5 and 6 of the Act in the instant case.
3. The petition is, therefore, allowed with costs. Petition allowed.