' The petitioner was arrested on 15-5-2003, in case F.I.R. No.110 of 2003, under section 9(c) of CNSA for the alleged recovery of Charas weighing 1010 grams from him. During police investigation in the said case the petitioner was found to be innocent and the said recovery of narcotics was found to have been planted upon him by Investigating Officer and consequently report under section 173, Cr.P.C. For discharge of the petitioner in the said case was submitted to which the learned Illaqa Magistrate respondent No.1 did not agree and directed the police authorities to submit challan against the petitioner vide order dated 18-9-2003. Feeling aggrieved the petitioner has filed the present writ petition for setting aside the said order.
2. DPO, Jhang who is in attendance submits that he had personally investigated the case and found the same to have been falsely fabricated against the petitioner. During the investigation proceedings it was also found that the statements under section 161, Cr.P.C. Allegedly recorded by the Investigating Officer of all the recovery witnesses were also fake. In view of this circumstances by accepting this petition we set aside the impugned order dated 18-9-2003 and discharge the petitioner from case F.I.R. No.110 of 2003 of Police Station Barana.
3. The DPO Jhang is further directed to proceed in accordance with law against the delinquent officials who have fabricated the above-mentioned case, under intimation to this Court. Disposed of.