Ali Murad petitioner filed this Habeas Corpus Petition under section 491, Criminal Procedure Code for the recovery of detenus Qamar-ud---Din, Waheed, Qazi and Gul Hassan from the alleged illegal and improper custody of the S.H.O. Police Station, Ahmadpur Lamina. According to the recitals of the petition in hand the aforesaid persons were being detained without any legal justification by the S.H.O. Police Station, Ahmadpur Lamma. This application was supported by an affidavit. After hearing the preliminary arguments I deputed the bailiff to proceed in accordance with law. The bailiff reached Police Station Ahmad pur Lamma on 22-8-1995 at 7-30 p.m. In the company of Ali Murad petitioner. He found Qamar-ud-Din, Waheed and Gul Hassan alleged detenus while confined therein. The S.H.O. Intimated that they were required in case F.I.R. No. 127 dated 16-8-1995 registered at Police Station Ahmadpur Lamina under section 365-A, P.P.C. While about the 4th alleged detenu namely Qazi the bailiff was intimated that he had not been arrested.
The bailiff made a perusal of the Daily Diary of Police Station Ahmad pur Lamma wherein the arrest of aforesaid three persons was not entered.
2. The true picture which has emerged is that the three alleged detenus are required by the police in the aforesaid case. If their arrest was not shown in the Daily Diary of Police Station Ahmad pur Lamina, that would not make me hold that they are the detenus. Even-if this view is expressed that they are the detenus due to the non-incorporation of the fact of their arrest in the Daily Diary of Police Station Ahmadpur Lamina, the police would be competent to arrest them outside the Court- room on the basis of the registration of the aforesaid F.I.R. Learned counsel for the petitioner has tried to highlight the demerits of the F.I.R. I am afraid, while disposing of this petition under section 491, Cr.P.C. The merits of the F.I.R. Cannot be analysed, and dissected , and for that matter the different efficacious remedy shall have to be invoked by the petitioner or the aforesaid accused persons.
3. The aforesaid three persons are not the detenus who are required in the aforesaid F.I.R. No. 127 dated 16-8-1995 registered at Police Station I Ahmadpur Lamma under section 365-A, P.P.C. They have been put under the police custody to proceed further in accordance with law.
4. At this stage I am tempted to express that the Police Officers do not show the arrest of the accused in the Daily Diary of the Police Station even after the arrest as the investigation is conducted and thus the period of 15 days for physical remand mentioned under section 167, Cr.P.C.
Stands enhanced which is source of convenience to them. Such a working has no blessing from C the law of the land and the Police -Officers should avoid the same.
5. All the accused (the alleged detenus) have complained that coercion r has been effected upon them by the police, Police Station Ahmadpur Lamina. Keeping in view this aspect as well as their future apprehension in the matter I direct Abdul Rashid Inspector/S.H.O:, Police Station to immediately take all D the three accused namely Oamar-ud-Din, Waheed and Gul Hassan to the Medical Superintendent, B.V. Hospital, Bahawalpur so that they are examined by the Standing Board and the Medical Legal Reports are issued. In such a state of affairs when the police is invoked according to the standing instructions the Standing Board has to examine the accused persons.
The S.H.O. Shall hand over the Medico Legal Reports pertaining to the three accused in the office tomorrow (24-8-1995) which shall be added to this file.
6. With my aforesaid reasoning and observations this petition for Habeas Corpus fails and the same is dismissed.