Mst. Zenab Bibi, petitioner has alleged that the respondents were keeping Arshad, Yasin and Muhammad Siddique detenus in illegal detention. She prayed that the said detenus be got recovered through a bailiff and set at liberty. On 10-6-1989 a bailiff of this Court was deputed to recover the detenus and to produce them in Court today.
2. Muhammad Arif Butt, Bailiff has reported that the alleged detenus had been arrested by the authorities of the Police Station D-Type Colony, Faisalabad in various cases. Muhammad Yasin and Muhammad Siddique detenus have been arrested in cases under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 which were registered against them on 9-6-1989. It has also been reported that Muhammad Arshad detenu had been arrested by the police in a case under section 13 of the Arms Ordinance which had been registered against him on 10-6-1989.
3. Muhammad Arshad detenu has been produced before this Court in hand-cuffs. The respondents state that he was originally arrested in a case under the Arms Ordinance but the Ilaqa Magistrate had not granted physical remand to them and now he has been arrested in a theft case which had been registered on 11-5-1989 at the instance of one Khalid Hameed.
4. I have heard the learned counsel for the petitioner and the respondent at length. I have also gone through the material on record.
5. Muhammad Yasin and Muhammad Siddique the alleged detenus have been arrested in two separate cases of narcotics: Their arrest cannot be termed as illegal detention. The petition, so far as the said two persons are concerned, fails. They may have recourse to the competent Court for their bail if so advised.
6. As regards Muhammad Arshad detenu, the Ilaqa Magistrate has not allowed his physical remand to the police. He has been shown to be under arrest in a theft case. The perusal of the record shows that he has not been named in the F.I.R. Of the said case. He is admitted to bail in the sum of Rs.10,000 with one ' surety in the Eke amount to the satisfaction of Deputy Registrar (Judicial) Lahore High Court. He shall join the investigation as and when asked by the police in writing.
7. The petition is disposed of accordingly.
S.A./Z-110/L