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1993 P Cr. L J 1145

MUHAMMAD ALI vs SUPERINTENDENT JAIL and others

Citation1993 P Cr. L J 1145
CourtLahore High Court
Case No.W.P. No,4891 of 1992
Date1992-06-28
Judge(s)Khalil-ur-Rehman Ramday
ResultPetition dismissed

ORDER

' The petitioner stands confined in the Central Jail at Kot Lakhpat in pursuance of F.I.R. No,253/91 of Police Station Race Course, Lahore, for the alleged commission of offences punishable under Articles 3 and 4 of the Prohibition Order, 1979 on account of having allegedly been found in possession of 500 grams of Heroin which was allegedly recovered from him. He was admitted in the Jail Hospital because of the fracture of his leg which he had allegedly got during the course of his arrest.

2. Claims that on 18-5-1992, Sh. Khalid, respondent who is an Assistant Superintendent of the said Jail asked him for money for the purchase of VCR and on his refusal to oblige, the said respondent forcibly took out Rs,7,500 from his pocket and thereafter on the petitioner's protests, the said respondent gave beating to the petitioner allegedly resulting in eleven injuries on his person.

3. It is prayed throng* this petition that respondents Nos.1 and 3 be directed to send the report of the medico-legal examination of the petitioner held. On 26-5-1992 and other documents to the Illaq Magistrate. It has been further prayed that the petitioner be directed to be sent to thee Services Hospital for his X-Ray etc. And also that direction be issued for safeguarding the life of the petitioner which is allegedly in danger at the hands of respondents Nos.1 and 3.

4. From the report of the Superintendent Jail, it transpires that the petitioner was found gambling in jail hospital on 18-5-1992 by the respondent Assistant Superintendent, who had recovered Rs,2,500 from the petitioner at the time of the said raid in the jail hospital. The application subtnittcd by the petitioner to the Illaq Magistrate at the time of his production before the said Magistrate did not make any mention of any amount of money having been forcibly snatched by the respondent Assistant Superintendent from the petitioner. This allegation of the petitioner thus appears to be an afterthought and a concoction. As against this the above-mentioned amount of Rs,2,5001' recovered from the petitioner has since been confiscated and deposited in the treasury by the Superintendent of Jail.

5. The petitioner is being regularly produced before the Courts of law for the purposes of his remand etc. The application submitted by the petitioner before the Illaq Magistrate does not contain any order of the Magistrate regarding the production of his M.L.R. Before the said Magistrate. In any case, if the Magistrate so desires and if he is so approached for the purpose, he can always direct the Jail authorities to submit the said report. Nothing exists on record to substantiate the claim of the petitioner that he had ever made any application to the Magistrate for the purpose.

6. If the petitioner apprehends any danger to his life he can bring such apprehensions to the notice either of the learned trial Court or to the notice of the learned Magistrate, who is remanding him to judicial custody.

7. In view of what has been noticed above, I do not feel satisfied with the bona fides of this petition which is accordingly dismissed. Needless to say that the petitioner has adequate remedies available to him which he can invoke, if he so desires.

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