1. Applicant Mangan has moved for quashment of the proceedings under section 14 of Sindh Crimes Control Act (hereafter mentioned as the Act) pending against him in Court of the Tribunal and S.D.M., Math.
2. According to the police report submitted by S.H.O. Math, applicant Mangan is loafer and dealing in narcotics, with no other ostensible means of livelihood. The applicant is also alleged to be committing offences with criminal type of persons who visit him. He is also alleged to be disposing of stolen property on receiving "Bhung".
3. After receiving the police report, the Tribunal and S.D.M., Math ordered issue of non-bailable warrants against the applicant.
4. Mr. Muhammad Jamil Zubedi learned counsel for the applicant argued that the police report contains general and vague allegations, which are short of the particulars required to be given under section 6 of the Act and that all the witnesses cited against the applicant are police officials and that the applicant is shown to be accused in one case of 1987 and another case of 1990.
5. Mr. Abdul Ghani Shaikh learned AA.-G. Supported the application for quashment. He argued that the Tribunal and S.D.M., Math had violated the provisions contained in section 5 of the Act by issuing Warrants for arrest of the applicant. Learned AA.-G. Conceded that mere pendency of two cases against the applicant would not be sufficient for passing order under section 14 of the Act and that all the witnesses cited against the applicant were Police officials.
6. Present case is covered by the cited cases. It is not mentioned in the police report as to which of the specific offences were committed .By the applicant. Names of the persons visiting the applicant, have not been given in the police report: The applicant is shown to be accused in two criminal cases but he is not shown to have been convicted in any case. All the witnesses are police officers. It appears that no criminal case has been registered against the applicant after 1990.
7. For the foregoing reasons this application is accepted and the proceedings pending against the applicant under section 14 of the Act, before E the Tribunal and S.D.M., Matli, are hereby quashed.
8. Such short order was passed by me on 22-3-1994 and these are reasons for the same.