' ALI SAIN DINO METLO, J.--- The learned State counsel frankly concedes that except for inadmissible confessional statement of co-accused Gulab made to police after his arrest to the effect that applicants Gul Hassan and Wazir were also concerned in the business of Charas recovered from him, there is no evidence against them.
2. According to the prosecution, on 26-1-2009, Charas, weighing 80 kilograms, was recovered from a car driven by co-accused Gulab Soomro. On the basis of his statement before police that the Charas belonged to applicant Gul Hassan Chandio, the latter was arrested on the same day and on the basis of their alleged confessional statements made to the investigating officer, namely, S.I.P. Muhammad Umar Mirjat on 27-1-2009 to the effect that they had purchased Charas from applicant Wazir and one Abdul Razak, they were shown absconders in the charge sheet without collecting any evidence against them.
3. It is worth to mention that at the time of his arrest Gulab, while informing police that the Charas belonged to applicant Gul Hassan did not inform them that it had been obtained from applicant Wazir and Abdul Razak. Similarly, applicant Gul Hassan at the time of his arrest did not inform police that they, had obtained Charas from applicant Wazir and Abdul Razak.
4. The Investigating Officer is not shown to have made any enquiry from Gulab and Gul Hassan as to how much Charas was purchased from Wazir and how much from Abdul Razak and did not try to know when and where it was purchased. He has also not shown to have made any effort to arrest 'them and did not take search of their houses situated at a distance of only few kilometers from Larkana. It appears that the Investigating Officer wanted to implicate Wazir and Abdul Razak secretly by mentioning their names as absconders in the charge-sheet.
5. In absence of any evidence against them, there is no probability of applicants Gul Hassan, Wazir and Abdul Razak being convicted of any offence and no useful purpose will be served to conduct their trial. Similarly, no useful purpose will be served to ask the applicants to seek remedy first from the trial Court as it has refused even to grant bail to applicant Gul Hassan and has issued warrants against Wazir as well as Abdul Razak. In such circumstances, proceedings against applicants Gul Hassan, Wazir and Abdul Razak (shown absconders) are quashed. They stand discharged.
Applicant Gul Hassan may be released immediately.
6. By order dated 15-4-2009 the Deputy Inspector General of Police, Larkana was directed to take disciplinary action against SIP Muhammad Umar Mirjat and SIP Imam Bux Mithani, under whose signature the charge sheet was tiled, for their act of illegally implicating Wazir, Abdul Razak and Gul Hassan in a heinous crime. The D.P.O. Larkana, has informed that he has suspended the two officers, but has not conveyed the final result. The trial Court is, therefore, directed to follow the matter and inform the Court about the final result of the disciplinary action. The applications are allowed accordingly.