' While on Gasht of the area on 15-1-1995 in the company of five subordinates of the rank of the Sub-Inspector, Assistant Sub-Inspector, Head Constable and Constables; Ghulam Abbas Inspector/S.H.O. Police Station, Kassowal, District Sahiwal received the information that Anwar Masih and Basharat alias Gullu both residents of Chak No,7/14-L were making sale of heroin in a garden. The raid was effected. On seeing the police party both the aforesaid accused are said to have made good their escape after throwing two envelopes containing 480 grams and 490 grams of heroin respectively. One gram of heroin from each packet was separately sealed while the remaining portion of each packet was separately sealed. The complaint was sent to Police Station Kassowal where formal F.I.R. No,14, dated 15-1-1995 were registered under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979. In the case diary the names of the accused were mentioned by the Investigating Officer as Anwar Masih and Tariq Mahmood alias Gullu. Tariq Masih alias Gullu was also involved in case F.I.R. No,101, dated 22-3-1995 registered at Police Station Kassowal under section 380/457, P.P.C. And in this case during the investigation he was held as innocent. Tariq Mahmood alias Gullu was discharged by the Area Magistrate on 4-4-1995. However, he was arrested in F.I.R. No,14, dated 15-1-1995 registered under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979.
2. Through the making of this petition Tariq Mahmood petitioner is desirous to get quashed F.I.R.
No,14, dated 15-1-1995 registered at Police Station Kassowal under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979. The comments have been received which have been added to the file.
3. I have heard the learned counsel for the petitioner as well as the learned State Counsel and gone through the record before me. Without being disrespectful to any person or showing any prejudice I have to simply express my surprise that two persons namely Anwar Masih and Basharat alias Gullu nominated in the F.I.R. Succeeded in making good their escape at the time of raid supervised by an Inspector of Police who was assisted by his five subordinates.
4. On merits I have to express that learned counsel for the petitioner Tariq Mahmood has correctly pointed out that Tariq Mahmood petitioner has been substituted for Basharat alias Gullu accused initially mentioned in the F.I.R. And due to the said substitution this F.I.R. Is liable to be quashed to the extent of Tariq Mahmood. At my enquiry Ghulam Abbas S.H.O./Investigating Officer has conceded that he has not recorded any evidence and has not collected any material to make out that Basharat alias Gullu named in the F.I.R. As the accused who decamped from the spot leaving the packet of heroin was also named as Tariq Mahmood. In whole of the case diary the name of this petitioner is not mentioned as Basharat alias Gullu/Tariq Mahmood alias Gullu. This fact has stolen the eminence to make me hold that Tariq Mahmood petitioner stands exonerated.
5. I, therefore, accept this application and quash F.I.R. No,14/95 registered at Police Station Kassowal under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 to the extent of Tariq Mahmood alias Gullu. He is stated to be in the judicial lock-up. He shall be set at liberty forthwith, if not required in any other case.