' SHAHID HAMEED DAR, J.---The petitioner seeks bail after arrest in case F.I.R. No.443, dated 27-8- 2012, under section 462-B, P.P.C., registered at Police Station Saddar Farooqabad, District Sheikhupura.
2. Bashir Ahmad Malik, Admn. Officer, PARCO is the complainant of the above said case, who has alleged in the F.I.R. That Pak Arab Refinery is a joint venture of the Government of Pakistan and the Government of Abu Dhabi which supplies oil, through an underground pipeline, from Karachi to Sheikhupura and this project forms backbone of the economy of the country; Muhammad Khalid, Security Officer received an information at about 10-00 p.m. On 25-8-2012 in 'Control Room PARCO' that pressure of oil in the pipeline had gradually dropped whereon, he along with Muhammad Imran, station incharge patrolled the area; when they reached Q.B. Link canal near village Buttar they found some persons, without any veil on their faces drifting away from the pipelines and they disappeared in the paddy-crop fields, under the sheath of darkness; the complainant learnt through a spy informer that the said deserters were the pilferers of oil and they included Ashraf alias Phool, Khalid alias Bhola, Irfan alias Bhola, Khurram, Rashid Masih (petitioner), Sarwar and his brother Ramta sons of Shaukat, Arshad alias Achhi, Abid, Gulzar, Javed, Dhalla and seven unknown persons; according to his knowledge, the first four had masterminded the crime; the supervisor, Sami Masood got the area dug on 27-8-2012, in presence of the police and found an iron-clamp attached to the main pipeline, used for theft of oil which was removed, and replaced by a safety- clamp; the stolen oil estimated at 1500 liters; the PARCO pipeline ran through two villages and in last two years many a theft-instances of oil were reported which were committed by an organized inter-district-gang; there existed a strong fear that the damage to the pipeline might engulf the nearby population in massive flames.
3. Learned counsel for the petitioner submits that the allegation against the petitioner is vague which is not supported by any incriminating evidence; the petitioner is not even remotely linked with the alleged occurrence and he is languishing in jail since 26-9-2012 for none of his fault.
4. On the other hand, learned Additional Prosecutor-General Punjab assisted by learned counsel for the complainant opposes with the contention that Khalid Mehmood security officer and Muhammad Imran Assistant security officer fully supported the story of F.I.R. In their statements under section 161, Cr.P.C.; the petitioner and his co-accused have committed a heinous offence as they tampered with the 'national asset' and pilfered a sizeable quantity of oil, a chunk of which, twenty liters was recovered at the instance of the petitioner on 5-10-2012; the petitioner has committed an act of terrorism which is punishable under section 6 of Anti-Terrorist Act, 1997; the offence against the petitioner catches prohibition of section 497(1), Cr.P.C., therefore he may not be granted the relief prayed for.
5. After hearing learned counsel for the parties and perusing the record, it is observed that the contents of the F.I.R. Are frightening as main pipeline of oil, connecting Karachi with rest of the country had been tampered with by the accused, for pilfering oil without ever conceiving its probable hazardous out-fall, as breach in the main pipeline could flood and set-ablaze the entire area, rendering it an inferno, which could prove disastrous, in terms of massive loss to property and human lives. It shows the heinousness of the crime. Let us see if the offence alleged is backed by some incriminating evidence against the accused or prosecution simply goes after the sensational and heinous nature thereof.
6. The allegation, as mentioned in the F.I.R. Hints at the daredevilry and 'mastery' of the crime committers, who possessed the technology to manage sneaking flow of oil from the main pipeline.
The F.I.R. Reveals that the complainant believed more in his spy information while nominating the accused, including the petitioner, without ever perceiving as to cruciality of the vacuum and gap left therein. The dexterity, craftsmanship and legal acumen were the requisites, required for the investigation of this case, but none of it can be seen forthcoming, when looked at the police record.
The investigation conducted so far is so shallow and stupid that the learned Law Officer despite having shuffled and re-shuffled the record did not himself in a position to hint at some incriminating piece of evidence against the petitioner except for the alleged recovery of twenty liters oil from him, which carried little value at this stage as it had not been got compared with the stuff flowing in the pipelines. The pattern of the statement of the complainant, as entailed in the F.I.R., required collection of circumstantial evidence, so as to connect the nominated accused with the allegation of theft of oil but no such circumstance could be spelt out from the record, save the statements of above-named two officials of PARCO, under section 161, Cr.P.C. Recorded on 28-9- 2012, which appeared to be a replica of the F.I.R.-story leaving aforementioned gap, wide open. The missing link may overwhelm the other thoughtless working of the Investigating Officer.
7. It, being a high-profile case, certainly required to be investigated by a proficient, masterly competent and capable Investigating Officer, but it was not to be, as the work done so far by Shahbaz Khan, SI, the Investigating Officer, in plain words, appeared to be of the poorest quality, brainlessly carved out and hopelessly dealt with. It is painfully noted that the conduct and approach of the police hierarchy as a whole is deplorable, apathetic and lamentable. Isn't it so that the incompetence coupled with mal-practices including corruption have unspeakably eroded the very foundations of the police department and that of the other sister-institutions, which often expose their vulnerability to the 'strength of the mighty' and paint a picture of despair/dismay for the common-man, who is merely an on-watcher. The corrupt-mafia has swollen itself to such a gigantic size that the law-enforcing-agencies, with their present questionable prowess find them untamable. It is high time to wake up before it is too late.
8. The petitioner, for the aforesaid fallacies in the prosecution's case has made out a case for bail in his favour within the sphere of contemplations under section 497(2), Cr.P.C. He is behind the bars since 26-9-2012 and no more required for the purpose of any recovery etc., which renders his further imprisonment inconsequential for the time being. For the discussion supra, the instant application is allowed and petitioner is admitted to post-arrest bail subject to furnishing bail bonds in the sum of Rs.2,00,000 with two sureties each iii the like amount to the satisfaction of learned trial Court.
9. A copy of this order be sent to the Inspector-General of Police, Punjab, and Additional Inspector- General of Police (Investigation), Punjab, within one week through a swift mean, requiring them to look into the efficiency, conduct and potential of the above-named Investigating Officer, the other Investigating Officer(s), if any and that of the senior police officers supervising him/them, besides having an overall critical view of the working of their department(s) and formulate an opinion, if the above discussed situation is to be taken a pride of or it asks for bemoaning and 'bowing the heads down in acknowledgement of failure and sheer defeat. The critical work/assessment, as directed, be completed within one month under intimation to this court through its Deputy Registrar (Judl.).