Through this revision petition Muhammad Fayyaz, petitioner who is facing trial in the Court of a learned Additional Sessions Judge at Mailsi in a case under Section 9(c) of the Control of Narcotic Substances.
Act, 1997 has challenged the validity of the order dated 26.3.2007 whereby the learned trial Court declined to obtain the handwriting of Nadeem Afzaal, Inspector/SHO and Latif Ullah, S.I. for comparison with the record prepared by these two officials pertaining to case FIR No, 238 of 2006 dated 15.8.2006 registered at Police Station Karampur, Tehsil Mailsi. It is submitted that during cross examination Nadeem Afzaal, SHO/PW-4 was suggested that the complaint made by him on the basis of which formal FIR was registered was not in his handwriting but the witness denied the suggestion and maintained that it had been drawn by him. Similarly he had also denied that it was scribed by Latif Ullah, A.S.I. He further submitted that Latif Ullah, ASI now S.I. during cross examination denied that the complaint purported to have been drawn by Nadeem Afzaal, Inspector/SHO was in his own handwriting.
2. Learned counsel for the petitioner submits that in fact the record of the case had been fabricated by these two police officials at the police station and no recovery was effected from the possession of the petitioner but these officials made false statements at the trial as such it was essential for the just decision of the case that specimen of their handwritings should be obtained and sent for comparison.
3. Both these police officials are in attendance. Nadeem Afzaal, Inspector/SHO admitted that the complaint on the basis of which formal FIR registered was not in his handwriting. He explained that he had in fact summoned Latif Ullah, A.S.I. who was posted as ASI/Duty Officer at the relevant time in PS Karampur to scribe the complaint. Similarly Latif Ullah, S.I. present in Court admitted to be the author of the said complaint. He further admitted that the formal FIR appears to have been drawn by him was not in his handwriting and that it was written by some of his subordinates whose name he did not remember.
4. In view of the above statements of Nadeem Afzaal, Inspector/SHQ and Latif Ullah. S.I. we do not consider it necessary to order comparison of the record with the handwriting of these two police officials. In the circumstances of the case we consider it just and proper to allow the petitioner to further cross examine these witnesses for the purpose of confrontation with the record in the light of their today's statements in Court. Both these police officials/witnesses shall appear before the trial Court on 8.5.2007 along with Register Roznamcha of police Station Karampur for the relevant period.
5. With the above observation this petition stands disposed of.