' The instant petition was filed under section 491, Cr.P.C. For the recovery and release of Haji Murad Khan son of Haji Umar Khan (the detenu) from the alleged illegal custody of respondent No,1 Shah Wali Khan, D.S.P., C.I.A., Peshawar.
2. Malik Hamid Saeed the learned Additional Advocate-General who was present in some other case (Butter v. The State) had accepted the notice in this petition at 12-30 p.m. Today.
3. The learned counsel for the petitioner had submitted that the bail of or any other official of this Court be directed to go to the Police Station C.I.A., and to recover the detent, where he was detained, and to produce him in the Court today. Accordingly the bailiff/official of this Court was directed to go to the Police Station C.I.A. For the recovery of the detent and to produce him in Court at 2-30 p.m. And a notice to respondent No,1 was also given to appear in person along with the record.
4. In compliance with the order of this Court respondent No,1 Shah Wali Khan, D.S.P., C.I.A. Peshawar presented himself in person as well as produced Haji Murad Khan, the alleged detune.
5. The statement of respondent No,1, Shah Wali Khan, D.S.P., Peshawar recorded on oath and placed on file.
6. I have also seen the Daily Diary Register (Serial No,12), the application (Exh.P.1) submitted by the Investigating Officer (Khitab Gul) before the Magistrate, seeking the remand of Haji Murad Khan and the order (Exh.P.2) of the Magistrate (Mr. I4astan Khan Wazir) and I am satisfied that Haji Murad Khan has not been detained illegally or without any rhyme or reason. He has been arrested in case registered vide F.I.R. No,641, dated 28-10-1995 registered in Police Station Kabali under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 and was duly produced before the Magistrate who, in turn, granted five days' police custody to the Investigating Officer.
7. In the circumstances the present petition having become infructuous is accordingly dismissed.