2007 PLP 1364 (YLR)

Overruled in view of the order passed at Serial No.2.

2. Petitioner being father of Alamgir alias Alam has filed this petition alleging therein that his above named son was taken away by respondent No.3 on 2-11-2006 from his house, and was kept under illegal detention. The petitioner met with his son at Police Station Cantonment on 3-11-2006 but despite his requests, his son was not released, as the police officials demanded illegal gratification. The petitioner then moved an application under section 491, A Cr.P.C. before Sessions Judge, Hyderabad on 4-11-2006 whereupon a raid was conducted at Police Station, Cantonment, Hyderabad, but detainee Alamgir alias Alam was not found available. The petitioner, therefore, through this petition prayed for directing the S.H.Os. of all the Police Stations of district Hyderabad to produce the detainee and also inform about the cases, if any, pending against said Alamgir. Notices of this petition were issued to the respondents. On 14-11-2006, the respondents placed on record photostat copies of two F.I.Rs. bearing Crime No.39 of 2006 registered under section 9(a) Control of Narcotic Substances Act, 1997 and Crime No.40 of 2006 registered under section 13(d) Arms Ordinance to reveal that the son of the petitioner was involved in the said cases. Mashirnama of arrest was placed on record to show that Alamgir alias Alam son of Saeed Ahmed was arrested on 4-11-2006 at 2300 hours. The said accused on his production before this Court was allowed bail. Besides that Sessions Judge, Hyderabad was directed to conduct Enquiry in the matter and submit a report within four weeks. Sessions Judge, Hyderabad, after holding enquiry, has submitted his report. In the report, the Sessions Judge Hyderabad/Enquiry Officer has observed B that the detainee was arrested on 2-11-2006 and that he has been falsely implicated by the police in both the cases. We have heard Advocate for the petitioner and learned Additional Advocate General Sindh. It is a matter of record that the petitioner has categorically averred in the petition that his son was arrested from his house on 2-11-2006 and since the detainee was not released, he moved an application before the Sessions Judge, Hyderabad whereupon a raid was conducted at Police Station Cantonment but the detainee was not found there. Copy of such application and order passed on it have been placed on record. In the circumstances, it is obviously clear that the accused/detainee namely Alamgir alias Alam was missing since 2-1172006. However, he was shown to have been arrested on 4-11-2006 at 2300 hours by A.S.-I. Amir Alam Junejo of G.O.R. Police Station. He was booked in two consecutive F.I.Rs. at the same police station, one under section 9(a) of Control of Narcotic Substances Act, 1997 and the other under section 13(d) Arms Ordinance. Mashirs of arrest in the mashirnama are police officials namely P.C. Shah Nawaz and P.C. Zulfiqar Ali Bhatti. It is thus apparent that the accused/detainee has been implicated in the concocted cases on 4-11-2006 after having been taken in illegal custody by the police before the date of arrest shown in the Mashirnama. Learned Additional A.G. Sindh has, therefore, conceded that the cases arising out of the above F.I.Rs. are liable to be quashed. In view of the above facts and circumstances, case arising out of F.I.R. bearing Crime No.39 of 2006 registered under section 9(a) of C.N.S. Act, 1997 at Police Station, G.O.R. and the case arising out of F.I.R. bearing Crime No.40 of 2006 registered at Police Station, G.O.R. under section 13(d) Arms Ordinance, sent up against Alamgir alias Alam son of Saeed Ahmed, are quashed. Since the above named person was illegally arrested and falsely implicated by A.S.-I., Amir Alam Junejo posted at Police Station, G.O.R., Hyderabad and a false mashirnama was prepared, which was signed by P.C. Shah Nawaz and P.C. Zulfiqar Ali Bhatti, as such, all the above c named police officials are liable to disciplinary action. We accordingly direct the District Police Officer (Operation), Hyderabad to take appropriate disciplinary action against delinquent officials and submit such compliance report within four weeks from the date of receipt of this order. H.B.T./S-17/K???????????????????????????????????????????????????????????????????????????????????? Order accordingly.