On the report of SHO Baldia Town Karachi, East, SDM Baldia passed order under Section 14 of the Sind Crimes Control Act, 1975, and issued non-bailable warrants of the applicant as a result of which the applicant was arrested. It is alleged that the police report did not disclose any valid ground for proceeding against the applicant under the Sind Crimes Control Act, 1975. Learned counsel of the applicant and Mr. A. K. Jatoi, Advocate for the State have been heard.
2. It is clear from the order dated 16-3-1989 passed under Section 14 of the Sind Crimes Control Act, 1975, that learned SDM issued non bailable warrants of the applicant in the first instance instead of issuing notices. Besides, the police report lists only two cases and both of them are stated to be pending and no details are given even in respect of these two cases, one of which is under Hudood Ordinance and the other under Gambling Ordinance. Learned counsel for the applicant relies on 1986 P.Cr.L.J. 98, 1980 P.Cr.LJ 332 and 1989 P.Cr.L.J. 756 in support of his contentions that issuing non bail-able warrants in the first instance vitiates the proceedings and that giving insufficient details of the pending cases against the applicant and lack of other material details do not warrant proceedings under the Sind Crimes Control Act, 1975. Learned counsel appearing for the State concedes on all these points and does not oppose the Quashment of proceedings. I agree with learned counsel and, as a result, proceedings pending against the applicant under the Sind Crimes Control Act before S.D.M. Baldia are quashed.
H.B.T./G-122/K