1. ' By this criminal miscellaneous application, applicant Abdul Sattar has sought following relief:--
(a) "That, this Honourable Court may be pleased to issue Rule Nisi for the recovery of detenus namely Rahim son of Wazir, Ashru son of Manik Khaskheli and Yaku son of Manik Khaskheli, Ghulam Rasool son of Wazir Nohani and Muhammad Ashraf son of Muhammad Saleh Nohani to appoint a Commissioner directing him to conduct surprise raid and produce the detenus namely Rahim son of Wazir Nohani, Ashru son of Manik Khaskheli, Yaku son of Manik Khaskheli, Ghulam Rasool son of Wazir Nohani and Muhammad Ashraf Nohani son of Muhammad Saleh before this Honourable Court and after recording their statement, they may be released.
(b) Any other relief deemed fit and proper by this Honourable Court may please be awarded to the petitioner/applicant."
2. ' Brief facts of the case as disclosed in the application are that on 21-7-2001 at about 5-00 p.m.
3. S.H.O., Police Station Digri (respondent No,1) and D.S.P., Digri (respondent No,2) raided the house of the detainees at the instance of rivals of the detainees. They maltreated the womanfolk and illegally took away the golden ornaments as well as arms licences bearing No,29/A/UM dated 11-11- 1999, 251/Shp-2-12- 98-168/E/JPT dated 13-11-1998 and 287/1 MM dated 17-11-1999 (shot gun) from the house of detainees without assigning any reason.
4. ' The applicant approached the D.S.P., Digri (respondent No,2) and S.H.O. Concerned for the release of detainees but both the Police Officers demanded illegal gratification for the release of the detainees and threatened that if their demand was not fulfilled the detainees would be involved in a number of criminal cases.
5. ' At the request of applicant Commissioner was appointed to visit the concerned police station and ascertain the factum of the detention of the detainees.
6. ' The report of Commissioner is reproduced hereinbelow in extenso:-- "In response to the Honourable Court's order dated 24-7-2001 passed in abovementioned case, the undersigned was appointed as Commissioner to visit the Police Station Digri in order to ascertain the factum of the detention of alleged detenus mentioned in petition. The report thereof is as under:- ' Today i,e, 24-7-2001 the undersigned alongwith Mr. Mumtaz Ali, Senior Clerk of this Court and applicant Abdul Sattar visited the Police Station Digri and reached there at 3-15 p.m. Made entry in daily diary being No,3 dated 24-7-2001. The S.H.O. Ghulam Muhammad Panwhar and W.H.C.
7. Namely Ali Khan alongwith other staff member were in attendance at police station. Thereafter I had checked the police lock-up and daily diary in presence of applicant and police official. All the detainees mentioned in above case were there except one Yaku son of Manik. All detainees were detained by police since 21-7-2001 without any remand or any entry in daily diary of Police Station Digri. This position was confirmed by S.H.Q. Himself and he submitted a certificate in this regard. On my query the S.H.O., disclosed that one detainee namely Ashraf son of M. Saleh Nohani is nominated accused in F.I.R. No, 119 of 2001 dated 21-7-2001 under section 7-C, Surrender of Arms Act, 1991 but no remand from competent Court has been obtained nor any entry in daily diary was kept by Police.
8. ' Thereafter I directed the S.H.O., to produce all detainees alongwith relevant record if any in this Court on 25-7-2001 at 9-00 a.m. After completing all the formalities undersigned left police station made entry in daily diary being No,4 at 4-00 p.m. The Certificate of S.H.O. And copy of F.I.R. No, 119 of 2001 are attached herewith.
9. ' Hyderabad (Sd.)
10. ' 25-7-2001 (Syed Ghulam Murtaza Shah)
11. Reader/Commissioner."
12. ' Pursuant to the notice S.-I. Ghulam Muhammad Panwhar, S.H.O., Police Station Digri (respondent No,1) is present in Court. He has filed statement through the learned Additional A.-G. The same is brought on record. The contents whereof are reproduced hereinbelow in extenso: "It is most respectfully submitted that inadvertently the person mentioned by the learned Commissioner of this Honourable High Court which were found detained by me without entries in the Daily Station Diaries for which I unconditionally tender my apology and leave myself on mercy of this Honourable Court.
13. ' Sir, in my 30 years of my service I have never committed such violation. This is first time in my life this lapse happened. I ensure that in future I shall remain cautious and shall never repeat such mistake/violation.
14. ' It is prayed that in view of the forgoing my apology may kindly be accepted and I may kindly be forgiven.
15. ' HYDERABAD (Sd.)
16. ' Dated 25-7-2001 (Ghulam Muhammad Panwhar) ' S.H.O. Police Station Digri, District Mirpurkhas."
17. ' I have heard Mr. Ayaz Hussain Tunio learned counsel appearing on behalf of the applicant and M.
18. Masood A. Noorani learned Additional A.-G. Appearing on behalf of the State. The latter after examining the report of the Commissioner as well as statement of S.H.O., Police Station Digri concedes to the prayer of the applicant.
19. The perusal of material placed on record shows that when the Commissioner of this Court visited the police station all the detainees were confined in the lock-up except one Yaku son of Manik. No entry with regard to their arrest was made in the Daily Diary of Police Station Digri nor any remand was obtained from the concerned Court. This fact was admitted by the respondent No,1 i,e, S.H.O.
20. Before the Commissioner as well as before the Court. So far detainee Ashraf son of Muhammad Saleh Nohani is concerned, the Commissioner was informed that he is nominated in F.I.R. No, 119 of 2001 dated 21-7-2001 under section 7-C of Surrender of Arms Act, 1991. On the query of the Commissioner it transpired that no remand from the concerned. Court in respect of detenu Ashraf was obtained nor any entry in the daily diary was made by the police.
21. ' Consequently the detainees Rahim son of Wazir Nohani, Ashru son of Manik Khaskheli, Ghulam Rasool son of Wazir Nohani, are set at liberty.
22. ' Ordinarily this Court does not consider bail plea in proceedings under section 491, Cr.P.C. But looking towards the peculiar facts and circumstances of the present case we release detainee Muhammad Ashraf son of Muhammad Saleh Nohani on his personal requisition bond in the sum of Rs,500 to be executed by him before learned Additional Registrar of this Court.
23. ' Since, S.H.O., Ghulam Muhammad Panwhar of Police Station Digri, District Mirpurkhas has tendered unconditional apology reproduced hereinabove and has placed himself at the mercy of this Court.
24. The apology is accepted. He is warned to be careful in future.
25. ' With these observations the present application stands disposed