' On the basis of an application moved by the petitioner, a bailiff of this Court was deputed to recover- the alleged detenu Muhammad Arshad son of Muhammad Boota from the illegal detention of S.H.O. Police Station Saddar Toba Tex Singh.
2. As per report of the Bailiff, he visited the said police station and on inquiry, found That the alleged detenue had been detained over there for the last 18/20 days. On further inquiry, he was informed that the alleged detenue is a nominated accused in case vide F.I.R. No, 244 of 1997, dated 26-10- 1997 under section 382, P.P.C. Registered at Police Station Saddar Toba Tek Singh. He was further informed that the alleged detenue had been arrested on 11-11-1997 by Muhammad Siddique S.I/I.O.
Who had sent Ruqqa to that effect. However, on checking the Roznamcha, he found that no such entry regarding the arrest of the alleged detenue had been incorporated in it. The Bailiff inquired about the police file, which was not shown to him on the pretext that it was available with Muhammad Siddique S.I/I.O who was seized of the investigation at the relevant time.
3. Muhammad Arshad S.I./S.H.O. Is present and states that the alleged detenu is a nominated accused in the F.I.R. Referred above and he was arrested by Muhammad. Siddique S.I./I.O. On 11-11- 1997 and was transmitted to the police station alongwith Ruqqa. He states that the said Ruqqa was received at the police station at 6.00 p.m. But due to rush of work, the Moharrir could not make entry in the Roznamcha regarding the arrest of the alleged detenu.
4. He that as it may, it is fact that entry regarding the arrest of the alleged detenu was not made in the Roznamcha of the police station when the Bailiff of this Court effected raid at 8-45 p.m. On 11- 11-1997. It is also fact that the police file regarding the arrest of the alleged detenu was also not shown to the Bailiff on the pretext that the same was not available at the police station and was with Muhammad Siddique S .I. /I .0.
5. Since the arrest of the alleged detenu had not been shown in the daily diary of the police station till 8-45 p.m. When Bailiff of this Court visited the police station for effecting recovery of the alleged detenu, so the stand of Muhammad Arshad S.I./S.H.O. That the alleged detenu had been arrested by Muhammad Siddique S.I./I.O. On that date at 6.00 p.m. Is not borne out from the record.
6. In view of the facts stated above, detention of the alleged detenu is held to be illegal and accordingly, he is ordered to be set at liberty.
7. This order, however, shall not debar the I.O. Proceeding further in the matter in accordance with law. '
8. With this observation, the petition stands disposed of.
9. The amount of security be returned to the petitioner.
10. Let a copy of this order alongwith the petition be sent to S.S.P. Toba Tek Singh for looking into grievance of the petitioner and taking necessary action against the delinquent official in accordance with law.