ROOH-UL-AMIN KHAN, J. Petitioner Rehman alias Shina, seeks post arrest bail in case FIR No.1442 dated 14.12.2021, registered under section 11(b) Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019, at Police Station Charsadda.
2. According to FIR, on receipt of spy information about dealing of the petitioner in the detestable business of narcotics in a graveyard in the limits of village Angar Kalay , on 14.12.2021 at 1530 hours, Mosawir Khan ASI along with other police officials reached the spot, apprehended the petitioner and from his possession recovered 300 grams Ice, out of which he separated 01 gram as sample for chemical analysis by the FSL, hence, this case.
3. Learned counsel for the petitioner has already been heard on preceding date, as such learned AAG for the State heard and record perused.
4. It appears from record that petitioner has been shown arrested red handed at the spot by Musawir Khan ASI and from his personal possession 300 gram Ice has been shown recovered, which has been taken by the Seizing Officer through recovery memo in prese nce of its marginal witnesses, who in their statements recorded under section 161 Cr.P.C., support the version of the Seizing Officer. Nothing in black and white is available on record to show any ill will or enmity of the PWs with the petitioner so as to suggest his false implication. Positive FSL report qua the sample further supplements the prosecution's case. Tentative assessment of the material on record prima facie connects the petitioner with the commission of offence, hence, I am not inclined to exercise the discretion of bail in favour of the petitioner . Accordingly , this petition stands dismissed.
5. Before parting with the order , I deem it appropriate to mention here on 21.01.20 22, this court noticed that SHO has prepared complete challan in the instant case on 26.12.0221, but the same had not been put in court for trial.
In this view of the matter , SHO Police Station Charsadda, SP Investigation and District Public Prosecutor were summoned to apprise the court about submission of challan in the instant case as well as other cases registered in District Charsadda on or after 30th June, 2021, till date. In compliance of the order (ibid), on the next date of hearing i.e. 24.01.2022, Muhammad Lataf Senir Public Prosecutor District Charsadda along with Sajjad Ahmad, SP Investigation, Charsadda, Madad Khan Inspector CIO and Johar Sher Khan SHO Police Station Charsadda, appeared and produced report, according to which, total 5794 cases have been registered in District Charsaddas since 01.07.2021 up to 20.01.2022, out of which in 22 cases interim and in 5669 cases complete challan have been submitted before the trial court, whereas challan in 103 cases including 18 burnt cases of Police Station Mandani are yet to be put in court. They also pointed out that in 103 cases the period of 14 days has not yet expired. The Senior Public Prosecutor was directed to produce entire break-up of date wise submission of challan of all the completed 5699 cases on the next date of hearing.
6. Today , Mr. raved Ali Mohmand District Public Prosecutor and Mian Lataf Senir Public Prosecutor District Charsadda, appeared and produced record of cases registered in fourteen different Police Stations of District Charsadda, according to which since 01.07.2021 till 20.01.2022, total 5 805 cases have been registered, out of which in 5291 cases, challan have been put in court while in 514 cases, the challan are yet to be put in court. When confronted as to how many cases have been registered under section 15 KP Arms Act, 2013 and KP CNS Act, 2019, the DPP Charsadda, Police Station Registered FIRs Cases u/s 15 KP Arms ActCase of CNSA Cases under other of fences 324 Charsadda 807 380 103 324 Prang 423 218 64 141 Sardheri 342 121 52 169
7. This court has noted with great concern from the registration of the above mentioned cases in three Police Stations of District Charsadda since 01.07.2021 till 20.01.2022, that crime ratio in District Charsadda is very high. I have no doubt about the efficiency and competency of the Police of District Charsadda, however , there is general perception about police, in a few Districts including District Charsadda about false implication of innocent people in fake, concocted and frivolous criminal cases by the Assistant Sub-Inspectors of Police Stations on the basis of "progress FIR" merely to show their efficiency . It is also reported that some time influential people implicates their opponents in false narcotic cases to harass them through police against a meager amount of illegal gratification.
No doubt, there are elements everywhere in the province dealing in detestable business of narcotic and the FIR is the only clue to the police on the basis of which it starts investigation, as such, its importance cannot be denied, however its misuse by the police official has to be discouraged by the high-ups setting on helm of affair as police officers in the District. It is also noted that about 719 cases have been shown registered under section 15 KP Arms Act in only three Police Stations of distric t Charsadda wherein at least 719 weapons would have been recovered.
Registration of large number of fake FIRs will not only shatter the public trust on police, but shall also exhibit their inefficiency to control the crimes in the jurisdiction of their respective Police Stations. Needless to say that registration of factitious cases heavily burdened the racks of the criminal courts, even the high court and the august Supreme Court of Pakistan. No doubt, such practice is an anomaly , which is highly deplorable, as it also place purposeless and unavoidable financial burden on the State exchequer .
8. The learned Additional Registrar (Judic ial) shall send copy of this order to the Inspector General of Police (IGP)
Khyber Pakhtunkhwa, for looking in to the matter and digging out the truth. Steps and actions taken in this regard shall be intimated to this court through the Additional Registrar (Judicial).
9. The Additional Registrar (Judicial) shall also transmit the report submitted by the District Public Prosecutor , Charsadda to the learned Sessions Judg e, Charsadda, for cross check of the record of all the criminal courts at Charsadda wherein challan has allegedly submitted by the prosecution from 01.07.2021 to 20.01.2022.