MUHAMMAD UMAR KHAN vs YOUSUF ARAB AND 7 OTHERS — 1971 PLD 642

Citation: 1971 PLD 642

Court: Sindh High Court

Year: 1970

Decision Date: 1970-11-11

Parties: MUHAMMAD UMAR KHAN vs YOUSUF ARAB AND 7 OTHERS

Headnotes

Case cited as PLD 1971 Karachi 642

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem Title: MUHAMMAD UMAR KHAN vs YOUSUF ARAB AND 7 OTHERS Case No.: Criminal Revision Application No, 128 of 1969 Date of Judgment:1970-11-11 Reported As: PLD 1971 Karachi 642 Result: Order accordingly JUDGMENT JUDGMENT The petitioner has applied to this Court under section 439, Cr. P. C. for setting aside the orders dated 3rd, 5th and 7th October 1968, of the learned Additional District Magistrate, Karachi. In brief the facts are that the petitioner was taken from his house by respondents 1 and 2 on 11th July 1968 at 10 a. m. to the Customs House, Karachi, in connection with the case registered on the same day under section 167 (81) of the Sea Customs Act. Soon after he was brought to the Customs House, his house was searched. His younger brother was also arrested and two cars, one belonging to his younger brother and the other to his wife, were also seized. On 12th July 1968, the petitioner was produced before the A. D. M. who remanded him to custody till 25th July 1968. What happened on the nights intervening between 11 th and 12 and 12th and 13 of July is disclosed in paras. 8, 9 and 10 of the complaint:-- "8. That after securing a remand uptil 25-7-1968, the accused thought that they have free hands, therefore, on 12-7-1968 all the accused in this case assaulted this complainant with threats, kicks, cane and with butt of gun with the intention of extorting confession or any information which might lead to the…

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