2010 SCMR 69 (PLP)

In the instant case, petitioner-accused is in custody for the last about 10 months, as he is facing trial vide F.I.R. No.264, dated 18-9-2008 under sections 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979 on stated allegations of possessing 1800 Kuppies of liquor, 6 plastic drums, 45 bottles of Desi liquor and factory (manufacturing liquor) which were recovered from his house. Learned counsel for accused stated that prosecution has absolutely failed to produce witnesses despite the fact that the trial Magistrate issued process to procure their attendance repeatedly. On this, report was called from the trial Court. A perusal whereof indicates that after framing charge prosecution witnesses were summoned but they failed to appear in Court as a result whereof their bailable warrants of 4th June, 2009 were issued but no one turned up. Again on 2nd July, 2009 non-bailable warrants of the arrest of the prosecution witnesses were issued, the case was adjourned for 11.th July, 2009 for evidence. On this date as well, no one turned up, therefore, the Magistrate ordered them to be summoned trough D.P.O. Attock. It is also informed by the learned counsel that the Magistrate fixed date of hearing on 13th July, 2009 and 14th July, 2009 but no progress has been made as witnesses were not in attendance. This situation seems to be very serious because it is a case in which police has raided the house of the petitioner and all the witnesses belong to police department and are reportedly posted in Attock but they are reluctant to appear in the Court although their non-bailable warrants of arrest have been issued and now the D.P.O. has been asked to effect the warrants of arrest upon the prosecution witnesses.

2. Learned counsel stated that next date of hearing is 18th July, 2009. Ordinarily, we would have considered the case of petitioner for grant of bail but without prejudice to his case as far as question of grant of bail is concerned prima facie, we are of the opinion that if the police is not taking interest in this one case then what would be their position as far as other criminal cases which are pending in the Courts are concerned. There could be two possibilities either the case is false and prosecution has not come forward with the evidence or the petitioner is influential person and he has prevailed upon them not to depose against him so he may arrange his bail or ultimately acquittal from the Court. Apparently, the considerable quantity of the liquor has been recovered from his possession. The Court seized with the matter is taking full interest in disposal of the case but it is the prosecution who is causing hindrance in the disposal of the same, therefore, under the circumstances, we direct the D.P.O. that he should execute the order of the learned trial Court and take responsibility to produce all these police officials who are the witnesses in the case on the next date of hearing without fail. He should also submit a report to this Court indicating as to why these witnesses were reluctant to appear in the Court. The trial Court is also directed to complete the trial without adjourning the matter, within the minimum period which .should not be more than seven days and transmit the cop of the judgment to this Court before the next date of hearing i.e. 27-7-2009.

3. We may observe that the trial of the case shall be conducted without being influenced in any manner from the instant order by applying independent judicial mind as per merits of the case.

4. Copy of this order shall be sent to trial Court, D.P.O. as well as P.P.O. Punjab in due course. In the meanwhile, Secretary Health, Government of Punjab be also asked to submit the report as it was requisitioned on the last date of hearing. Copy of this order be also sent to Additional Prosecutor-General Punjab who shall transmit it to Prosecutor-General and hold a meeting with the P.F.O. Punjab on 17th July, 2009 and chalk out the program that in the cases pertaining to the police department there should not be any slackness and the Investigating Officer should be made responsible for producing witnesses. The P.P.O. shall also adopt a mechanism to monitor the progress of the cases throughout the Provinces and the Investigating Officer/S.H.O. who have failed to produce their witnesses on their own responsibility or cases have been delayed on account of slackness of the prosecution, the concerned officer should be proceeded against under the disciplinary rules of the department and the action taken against such officer shall also be sent to the trial Court before whom the cases are pending. Copy of this order be sent to the Registrar Lahore High Court, Lahore for issuing direction through learned Chief Justice that the Courts seized with the criminal matter should not show any leniency by granting unnecessary adjournments to the prosecution and if they fail to produce the witnesses, matter should be reported to the concerned Incharge Police Officer with the copy to the Registrar for initiating action against them according to law and if despite the same no action is taken then the Registrar shall put up the matter before the learned Chief Justice for initiating contempt proceedings against Ahem as they are causing hindrance in the completion of criminal cases expeditiously and on account of such conduct the accused persons remain in custody for years together. The copy of this order be sent to Registrar of all the other High Courts for adopting the same policy and in a similar manner, the Prosecutor-General, Sindh and the A.-Gs. Balochistan and N.-W.F.P. shall hold meetings with the Inspectors-General of Police concerned for framing uniform policy throughout the country to ensure expeditious disposal of criminal cases. The Prosecutor-Generals and A.-Gs. as well as the Registrars, High Courts of all the Provinces shall submit a report of holding meeting and adopting a mechanism for early disposal of the cases before the next date of hearing i.e. 27th July, 2009. The Registrar of this Court shall monitor the holding of the meeting by these officers by offering clarification; if any, by holding telephonic conversation with them. M.H./T-10/SC Order accordingly.