' Hamid Ali, S.H.O., Police Station Cantt., Multan has produced the detent. According to him the detent was arrested on 27-6-1998 under section 54, Cr.P.C. In case F.I.R. No,317 of 1998, dated 20-6- 1998, was produced before Judicial Magistrate on 28-6-1998, and two days remand was obtained till today i,e, 29-6-1998. The report of the bailiff shows that the case diary was not produced before him at the time of raid on the pretext that the file is with the Investigating Officer, whereas the detent informed him in the police station that he was taken into custody on 25-6-1998 from his Village Aslampur and he remained in their custody till 27-6-1998 when he was recovered by the bailiff. In the petition is also stated that the detenu Shahid Shaukat was taken into custody by the police on 25-6-1998 and since then he is with them. The petitioner had been trying for the deputation of bailiff his recovery since 26-6-1998. However, the detent was arrested on 27-6-1998 and on the same day bailiff was deputed.
2. The facts and circumstances indicate the detenu was with the police since 25-6-1998 whereas the contention of the police is that he was arrested on 27-6-1998 in case F.I.R. No,317 only on the suspicion of the complainant in the aforesaid case. The S.H.O. States that no recovery was effected from Shahid Shaukat detenu. No valid reason is given in the remand order by the Judicial Magistrate. The detent was kept in wrongful confinement by Police since 25-6-1998. His detention, as such, is declared unlawful. The detent is set at liberty. He may go wherever he likes. This petition stands disposed of.
3. The S.H.O. Shall submit his explanation as to why he should not be punished under section 343, P.P.C. For keeping the detent in wrongful confinement from 25-6-1998 till his recovery through bailiff on 27-6-1998. He will appear along with his explanation on 2-7-1998. Separate criminal proceedings shall be initiated against Hamid Ali, S.-I./S.H.O., Police Station, Multan Cantt.