1. ' This petition was entertained on the basis of a letter received from the mother and anute of detenue Ghulam Akbar son of Muhammad Tayyab Channa, who has been stated to have been arrested by the S.H.O. Mithiani, Karim Bux Jatoi under the direction of the S.P. (Investigation)
2. Naushero Feroz, Gul Muhammad Shar. The letter was treated as a petition and notices were issued to the D.P.O. Naushero Feroz and S.H.O Mithiani to produce the detenue and to show under what authority he was detained. Mr. Kazi Khalid Ali, learned Addl. A.-G. Has appeared and filed written statements supported by affidavits on behalf of the said officers along with the relevant documents. The detenue has also been produced and Officers concerned are also present in person. It has been urged that the detenue was arrested on the allegation of substantive offences committed under section 13-D of Arms Ordinance and section 17(3) of the Enforcement of Hudood Ordinance.
3. ' According to the F.I.R. Lodged by the S.H.O. Himself during the course of patrolling at about 9-30 a.m. He arrested the detenue along with a motor cycle and also recovered a plastic bag lying on the motor cycle. On opening the said plastic bag he secured two Klashinkoves along with a magazine and on unloading recovered 27 live bullets. The detenue was arrested but another person accompanying him ran away. Due to non-availability of private persons the S.H.O prepared the mishirnama in the presence of his subofdinates and brought .The detenue to the Police Station, where he lodged the F.I.R.
4. ' A similar statement has been filed by the S.P. (Investigation), which is also verified on oath. He further state that during the investigation the detenue admitted having robbed the motorcycle.
5. ' Normally whenever a report as to the detained person being involved in a substantive offence is brought to the attention of the Court, he is directed to seek his remedy under the ordinary legal process. However this case on its very face appears to be so ridiculous that even the learned Addl.
6. A.-G. Found it difficult to support the allegations of the police and with usual fairness stated that it was difficult to believe the version of the F.I.R.
7. ' In the circumstances, we would not be prepared to prolong the agony of the detenue, who is still in the police custody and would direct that he be released forthwith upon furnishing surety in the sum of Rs,50,000 to the satisfaction of the Nazir of this Court. At the same time we would order that a copy of this order application of the detenue's mother, written statements and their accompanying documents be forwarded to the Chief Secretary, Govt. Of Sindh and the I.G. Police. Sindh for taking proper administrative action against the officers involved. The kalaskhinkoves recovered be delivered to the custody of the concerned trial Court.