' M.A. SHAHID SIDDIQUI, Arshad Mahmood petitioner, is involved in a case registered with City Police, Daska, District Sialkot for an offence under section 9(c) of the Control of Narcotic Substances Act, 1997. He was ordered to be released on bail by this Court on 10-11-2005 through a short order for the reasons to be recorded later on. Now we proceed to give the reasons for the same.
2. As per F.I.R. Bearing No,286 of 2005, dated, 27-5-2005, Zulfiqar, S.I. Of City Police, Daska while on patrol duty on BRB Canal in the area of Mohallah Shah Sharif received a spy information that a Car bearing Registration No,LZC-8717 was coming from the side of Cheema Hospital with a huge quantity of arms and Charas. On receipt of this information he contacted Sadar Police, Daska on wireless and sought their help. A mobile team of Sadar Police, Daska which comprised of Tariq Mahmood, A.S.-I. And four police constables arrived there. A picket was established on the bridge.
After a shortwhile the said car emerged from the side of Cheema Hospital. It was encircled. Arshad Mahmood petitioner, who was driving the car, and. Muhammad Yasin were on the front seats, while Muhammad Afzal alias Pappu co-accused was on the rear seat. All the accused were asked to get down from the car. Muhammad Afzal, co-accused managed to escape. The police seized as many as 44 packets of Charas weighing 48400 grams, a Kalshnikov from the car and a .30 bore pistol from the person of Muhammad Arshad, petitioner. Muhammad Ashraf, S.-I. Prepared incomplete challan on 10-6-2005. Subsequently, Muhammad Afzal co-accused joined the investigation. He was declared innocent by the local police vide case Diary No,13-A, dated 18-6-2005.
3. On an application made on behalf of the accused, District Police Officer, Sialkot S.P.
(Investigation) Daska directed D.S.P. (Investigation), Daska to verify the investigation. The latter examined. Muhammad Yaseen accused and after associating and discussing the Investigating Officer who had initially investigated the case came to the conclusion that the Charas has not been recovered by Muhammad Ashraf, S.-I. As had been shown in the F.I.R. And that it had in fact been got recovered by Muhammad Yasin, Ghulam Mustafa, Aftab Shahid, Muhammad Asif and Ghulam Abbas with the help of police of Police Station, Daska and Munawar Hussain, S.-I. From Moaza Walana. The D.S.P. (Investigation) in his report, dated 1-9-2005 observed that Arshad Mehmood, petitioner was apprehended from his house and that he had absolutely no knowledge about the Charas.
4. The D.S.P. (Investigation) has given a clean chit to the petitioner as well as to Muhammad Afzal co-accused. He has propounded a new story, which has brought the petitioner's case within the ambit of subsection (2) of section '51 of the Control of Narcotic Substances Act, 1997. Therefore, we accepted this petition.
5. The conflicting opinions expressed by the two Investigating Officers cannot be left unsettled before the submission of final report. Either of the two opinions is wrong. A huge quantity of narcotic substance was recovered by the police. Therefore, the case requires reinvestigation by a Team of Senior Police Officers so that the real culprits may not escape from punishment. If Muhammad Ashraf, S.-I. Is found to have fabricated a false case in order to get the innocent people convicted, he should be dealt with strictly in accordance with law and if it is found that the D.S.P.
(Investigation) has propounded a false story in order to allow some of the accused to escape from punishment then he should be taken to task in accordance with law.
6. A copy of the order may be sent to the Inspector-General of Police, Punjab, Lahore who shall get the case reinvestigated under section 18 of the Police Order, 2002 by a Team of Senior Police Officers which shall conclude as to when and from whose possession the Charas was recovered and get a report under section 173, Cr.P.C. Submitted in the competent Court of law. To come up on 12-12-2005.