ORDERMUHAMMAD NASEEM CHAUDHRI. J.- While on gashai' of the area on 14.9.1995 at 8.30 a.m.
Khizar Hayat. AS1 Police Station Loharigate Multan surprised a person who desired to leave the place in a suspicious manner who was apprehended. He gave his name and address as Amjed son of Ghulam Mustafa case Sheikh Qureshi resident of Block L' Shah Rukan- e-Alam Colony, Multan. His person was searched and 80 grams of heroin was taken into possession \ide memo, attested by the w itnesses. He was arrested. FIR No. 213. Dated 14.9.1995 stands registered at Police Station Loharigate Multan under Articles 3/4 of the Prohibition (Enforcement of Hudood) Order. 1979 and under Section 9 of the Control of Narcotics Substances Ordinance. The investigation was conducted and the challan has been submitted.
2. Muhammad Sharif petitioner has filed this application under Section 491, Cr.P.C, with the assertion that Amjad son of Ghulam Mustafa accused mentioned in the FIR was released by the Police Officer and that his son Sajjad alias Pappa residing with him in House No. 515 Ward No. 2 Mohallah Bhattian in i.e Loharigate Multan has been arrested who had been produced before the Ilaqa Magistrate under the impersonated name of Amjad son of Ghulam Mustafa case Sheikh Qureshi resident of Block 'L' Shah Rukan-e-Aiam Colony. Multan on the basis of the registration of the aforesaid FIR No. 213, dated 14.9.1995. Expressing that his son was being allegedly illegally and improperly detained in District Jail Multan he has filed this petition under Section 491, Criminal Procedure Code for his release. At the direction of this Court the person detained in the District Jail Multan under the name of Amjad son Ghulam Mustafa has been brought by the Assistant Superintendent District Jail Multan and is present.
3. I have heard the leamed counsel for the petitioner, leamed Assistant Advocate General and the Police Officers. I have gone through the police file. Muhammad Sharif petitioner father of Sajjad alias Pappa is also present in the Court who has identified him. The admitted facts are that Sajjad alias Pappa alleged detenu is totally illiterate and obviously no School Leaving Certificate can be produced. He is less than the age of 18 years and his National Identity' Card has not been prepared by the District Registration Officer Multan. Muhammad Akram, Sub-Inspector/SHO has expressed that it may be that to avoid criminal liability Sajjad alias Pappa present in Court under custody way have given his wrong name. Even if it is so. No legal premium can be granted to the prosecution as the Police Officer concerned had to proceed with full caution in this regard. One Niaz Ahmad son of Hani Din who is also present in the Court filed Cr. Misc No. 519-H/94 under Section 491. Cr.P.C, for the recovery and release of his real brother Muhammad Sharif (the present petitioner). The bailiff was deputed and Muhammad Sharif was recovered from Police Station Loharigate Multan when Ahmad Bakhsh was the Inspector/SHO. No case was registered against him. Muhammad Sharif was declared to be a detenu who was released. It may be that Ahmad Bakhsh. Inspector/the then SHO Police Station Loharigate gave the list of the names of the persons to be watched by his successor Ghulam Mustafa Inspector/SHO since transferred and thereafter the present episode may have occurred.
4. Sardar Faiz Muhammad Khan Khosa. Senior Advocate representing Muhammad Sharif petitioner has stated at the bar that Muhammad Sharif is well-known to him for the last some years. There is no need to hold any inquiry' about the identity of Sajjad alias Pappa present in the Court who has been detained in District Jail Multan at the direction of the Area Magistrate. Muhammad Sharif father of Sajjad alias Pappa, Niaz Muhammad paternal uncle of Sajjad alias Pappa and Muhammad Latif Qureshi ex-Councillor of the area are present before this Court who have intimated in clear terms that the person brought from District Jail Multan before this Court who is standing therein in none else than- Sajjad alias Pappa son of Muhammad Sharif resident of House No. 515 Ward No. 2 Mohallah Bhatrian in i.e Loharigate Multan. In this view of the maner Sajjad alias Pappa on the basis of FIR No. 213. Dated 14.9.1995, wherein one Amjad son of Ghulam Mustafa case Sheikh Qureshi resident of Block L' Shah Rukan-e-Alam Multan was arrested, cannot be detained in the judicial lock-up District Jail Multan whose detention therein is declared to' be illegal and improper. Thus he is the detenu who has been set at liberty forthwith in the Court today to go tc a place of his own choice.
5. At this stage keeping in view the version adopted by Muhammad Akram, Sub-Inspector/SHO that Sajjad alias Pappa may have given his wrong name, parantage and address, it is suggested/advised that during these days when the criminals are coining different devices to save their skin in such type of cases at the time of the arrest of the accused his photograph may be obtained and added to the file and his identification marks as are mentioned by the Mediqal Officer(s) on the Medico Legal Report(s) may also be narrated in the FIR.
6. These days in cases of narcotics substances services of females and the minors are also being obtained by the persons at the back keeping in view proviso-!.To sub-section (3) of Section 497.
Cr.P.C, according to which they can be admitted to bail due to statutory concession. Different techniques are being adopted and followed and those have obviously to be met with by the police by the use of divine weapon of wisdom. The aforesaid type f conduct of the accused may be a step towards the completion of their nefarious activities; This episode may be a first drop of rain. Hence such an evil can be nipped it) the bud by adopting the above-said suggestion/advice.
7. This petition under Section 491. Cr.P.C, stands disposed of.
8. A copy of this order shall be sent to the Senior Superintendent of Police. Multan for information.
9. A copy of this order shall also be sent to the Secretary. Home Department, Government of the Punjab. Lahore in sealed cover. If found proper and feasible by him an administrative direction may be issued for compliance by the Police in the Province that at the time of arrest of the accused involved in cases of narcotic substances his photograph shall immediately be obtained and his marks of identification shall also be narrated in the FIR as the Medical Officers incorporate in the Medico Legal Reports. It shall also be a check on the concerned Police Officer(s) if acting in badfaith.