1990 PLP 1120 (MLD)

Abdul Qadir Shaikh for Applicant. Zawar Hussain Jafferi, A. A. G. for the State. Date of hearing: 24th August, 1989. This Criminal Miscellaneous Application is filed under section 561‑A, Cr.P.C. for quashment of the proceeding under section 14 of the Sindh Crimes Control Act, 1975. Proceedings under the Sindh Crimes Control Act have been initiated against the applicant on the initial report of S. H. O., Police Station, Kandhkot made on 26‑6‑1989. In this report, complaint is made that applicant demands Ghunda tax from persons and those who refused are threatened that they would be abducted. It is also mentioned therein that this allegation would be supported by five persons, whose names are given therein. On the basis of this allegation, it is further stated in this report that applicant has become a very dangerous and desperate person and his remaining free would create problem of law and order situation as such applicant should be put behind the bars. This report was placed before S. D. M. Kandhkot, who has passed order which is to the effect that directly non‑bailable warrants should be issued against the applicant for his immediate arrest on the basis of report of S. H. O. and next date of hearing was given as 26‑6‑1989. In spite of relying upon the report of the S. H. O and contents thereof, in this order learned S. D. M. has held that applicant is habitual thief, notorious criminal and patharidar and is harassing the public, as such his remaining at large without surety will be hazardous to public peace and tranquillity. Not only that but it is mentioned in the said order that the learned S. D. M proposes to take action against the applicant under section 14(xix) of the Sindh Crimes Control Act, 1975. If reference is made to this provision under which action is proposed to be taken then it would appear that this provision relates to persons who habitually receive, or deal in property which is stolen property. It would not be out of place to mention that this allegation is not mentioned in the report of the S. H. O. Learned counsel for the applicant has also produced certified copy of another order passed by the S. D. M. which appears to be undated and most probably this order was passed on the came day. This order is statement of allegation against the applicant in which six different grounds are mentioned for proceedings against him under section 14 of the Sindh Crimes Control Act, 1975. These six grounds are again vague and relate to the allegations that applicant is notorious criminal and patharidar, demands ghunda tax, harbours the thieves, is nuisance for the locality, takes bhung money for restoration of stolen property and his criminal activities are on increase and it is apprehended that his remaining at large without surety will be hazardous to public peace and tranquillity. The order is passed straight for binding down of applicant for three years to maintain good behaviour under section 14(xix) of Sindh Crimes Control Act, 1975 with one solvent surety in the sum of Rs. 10,000 and P. R. bond in the like amount. This order is apparently passed without making any enquiry under section 8 of the Sindh Crimes Control Act. It appears from the record that learned Magistrate, who has conducted proceeding, has not applied his mind while dealing with this case. In the report of S. H. O. there is only one allegation with regard to demand of ghunda tax but the Magistrate himself has levelled against the applicant several other allegations, which are not included in the report of the S. H. O. If section 14 of the Sindh Crimes Control Act 1975 is minutely it would appear that demand of ghunda tax is not made as one of the grounds. I am of the view that orders have been passed by the Magistrate in haphazard manner without judicial application of mind which is not warranted under law. These are proceedings of judicial nature, which require judicial application of mind. I, therefore, set aside the order and quash the proceedings. N.H.Q./B-152/K Proceedings quashed.