1. ' Through this application under section 561(A), ,Cr.P.C. The applicant Naseer Ahmed alias Naseera seeks quashment of proceedings pending against him before the S.D.M. City and Tribunal Karachi (South) under section 14 of Sindh Crime Control Act, 1975.
2. ' It appears that on 21-1-1997 S.H.O. Police Station Kalakot personally submitted report under section 14 of the Act against the applicant which inter alia contains that the applicant is residing within the jurisdiction of Police Station Kalakot, he sells heroin, is a habitual criminal, has made the life and properties of the general public unsafe, has contacts with hardened criminals of the area, no one from public comes forward to depose against the applicant, has no means of earning his livelihood and that his remaining out of jail would be hazardous to life and tranquillity of general public.
3. ' The S.H.O. Has given a list of 15 criminal cases in which some of the cases have ended while some of them are pending in Courts. In one case however at serial No,7 of the list bearing F.I.R. No,390 of 1987 under section 3/4 of the Prohibition Order 1979 (President Order No,4 of 1979), the applicant is shown to have been convicted. The report of the S.H.O. Does not bear any date. From the case diary, dated 21-1-1997 it is clear that the said report was not submitted before aforesaid date. It is further evident from the case diary that the statement of the S.H.O. Was recorded on that date.
4. Registration of the case and issuance of non-bailable warrant against the applicant was also ordered on date. This order passed by the learned S.D.M. And Tribunal also does not bear the date.
5. The applicant is said to have been arrested on 23-1-1997 and the was granted bail by this Court on 19-2-1997. He is on bail since then.
6. ' I have heard the learned counsel appearing for the applicant and the State, and have also perused the case papers and the record of the learned lower Court. The learned counsel for the applicant has stated that the allegations made in the report of the S.H.O. Do not cover any of the provisions of section 14 of the Act. He has contended that provisions contained in sections 4 and 6 of the Act have been contravened and that no case under section 14 of the act has been made out from the material of allegations contained in the report of the S.H.O. The learned counsel has further asserted that the learned tribunal has passed the order in a hasty and a mechanical manner without application of his mind judiciously and without holding an inquiry. He has also vehemently denied that the applicant was ever convicted in a case as there was no judgment of conviction placed on record alongwith the report of S.H.O.
7. ' Mr Habibur Rasheed, learned counsel appearing for the State has conceded to the prayer of quashment of the case against the applicant.
8. ' I have given my careful consideration to the facts of the case and submissions made by both the learned counsel. , ' The two sections of the act which according to the learned counsel have been contravened being sections 5 and 6 are reproduced below:-- "5. Summoning of persons:--On receipt of the report, the Tribunal shall issue a summon requiring the person complained against to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is, to produce him before it; ' Provided that whenever it appears to such Tribunal, upon the report of a Police Officer or upon other information (the substance of which rcport or information shall be recorded by the Tribunal), that there is reason to apprehend the commission of the act complained against and that such commission of the act cannot be prevented otherwise than by the immediate arrest of such person, the Tribunal may, at any time issue a warrant for his arrest.
6. Delivery of copy of report. ---Every summons or warrant issued under section 5 shall be accompanied by a copy of the report and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same:-- Provided that the report shall briefly state
(i) the acts with which the person complained against is charged;
(ii) the details of time and place of such acts;
(iii) general repute of person complained or such other allegation made against him."
9. ' I have gone through the statement of S.H.O. Recorded by the learned tribunal which does not appear to be giving a reason for immediate apprehension of the commission of the acts complained against applicant, so as to enable learned Tribunal to issue non-bailable warrant.
10. However, it is provided in section 6 reproduced (supra) that the copy of the report shall be accompanied by the gammon/warrant issued against the applicant. Besides the report shall briefly state the acts with which the person complained against is charged and the details of time and place of such act are to be given.
11. Admittedly, the report of the S.H.O. Does not give the details of time and place of such act with which the applicant is allegedly charged. On the face of these provisions of law contained in the act the S.H.O. In his report has not only failed to comply with the requirement but has completely ignored the same.
12. In my humble view there was no reason to apprehend the commission of the act complained against the applicant and the compliance of section 6 is altogether ignored. However, there are some cases shown, in which the applicant, was involved. The fact that a person is facing trial in some cases or he B is previous convict would not attract any of the (XXXV) clauses attached to section 14 as neither the numbei of cases nor the position of the applicant as a previous convict would minimize the requirements contained in sections 5 and 6 which are mandatory in nature, nor would determine application of section 14 of the Act. Reference may be made so (1) 1998 PCr.LJ page 60, (2) 1998 PCr.LJ page 951 and (3) 1996 PCr.LJ page 102.
13. I am, therefore, satisfied in my mind that no useful purpose will be served if the proceedings which are presently pending before the learned Tribunal are allowed to continue. Thus, the proceedings against the applicant under section 14 of the Act, bearing Case No,10 of 1997 are hereby quashed.
14. The applicant is on bail, his bail bond shall stand discharged.