2011 PLP 1651 (YLR)
MUHAMMAD SALEEM — Applicant Versus THE STATE — Respondent
| Citation | 2011 PLP 1651 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Amir Hani Muslim and Nisar Muhammad Shaikh, JJ |
| Parties | MUHAMMAD SALEEM — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2011 PLP 1651 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 PLP 1651 (YLR)?
The case was heard and decided by the Karachi bench comprising: Amir Hani Muslim and Nisar Muhammad Shaikh, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP 1651 (YLR) (MUHAMMAD SALEEM — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 497
Drugs Act (XXXI of 1976), Ss.23 & 27
Import, manufacture and sale of drugs
Investigating Officer who was from Police Department and was on deputation in F.I.A., was either incompetent or dishonest; he had not furnished the investigation report to the Drugs Inspector in terms of law, for which he could not offer any plausible explanation
File of the Investigating Officer was not in order and the required diaries were not written
Investigating Officer claimed to be from Police Department, but he did not know how to maintain Police file
Once the custody of accused was remanded to jail, the Investigating Officer, should have submitted his investigation report to the Drug Inspector for onward submission to the court, but that had not been done by him
If a person was in custody, Investigation Agency should expedite
Counsel for accused did not press bail application, which was dismissed as withdrawn. S.M. Iqbal for Applicant. S. Ashique Raza, D.A.-G. Syed Israr Ali, Deputy Director (Law) FIA along with I.O./Inspector Salman Waheed and Muhammad Idrees Shaikh, Divisional Drug Inspector, Karachi.
Judgment & Decree
The Investigating Officer is from Police Department and is on deputation in FIA, is either incompetent or dishonest. He has not furnished the investigation report to the Drug Inspector in terms of the law, for which he could offer any plausible explanation. We have inquired from him as to what material he has collected from the accused during the investigation. We wanted him to show such material from the diaries and the interrogation report but his file was not in order and the required diaries were not written. He claims to be from Police Department, but he does not know how to maintain police file. On our inquiry, he informed us that that he was waiting for the accused, who were implicated by the accused during interrogation. Once the custody of the accused was remanded to the jail, the Investigating Officer should have submitted his investigation report to the Drug Inspector for onward submission to the Court, but this has not been done by him. We must record our displeasure over the conduct of this Investigating Officer and recommend him to be posted back to his parent Department, as he is not good to the FIA. We further direct the Investigating Officer to furnish the investigation report today as the report from the Drug Testing Department has come and in turn the Drug Inspector shall submit the challan within seven days from today. We are aware of the procedure provided under the Drug Act, but if a person is in custody, the investigation agency should expedite. After the submission of challan, the applicant may repeat his bail application before the Drugs Court, who will decide it on its own merits without being influenced by the earlier order passed by it. In view of this order, the learned counsel for the applicant does not press this bail application, which is dismissed as withdrawn. Copy of this order be faxed to the Director General, FIA today, for his information and compliance. Bail application dismissed. H.B.T./M-16/K