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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD SHAHZAD VS Respondent: StateHonorable Justice Ch. Iftikhar HussainAazir Latif Khan,Najeeb Faisal Chaudhry
2005 P Cr
2005 P Cr. L J 323
[Lahore]
Before Sh. Abdul Rashid and M. Bilal Khan, JJ
MUHAMMAD SHAHZAD‑‑‑Petitioner
Versus
THE STATE‑‑‑Respondent
Crl. Misc. No.6242/B of 2004, decided on 18th October, 2004.
Criminal Procedure Code (V of 1898)‑‑‑
‑‑‑‑S. 497(2)‑‑‑Control of Narcotic Substances Act (XXV of 1997), Ss.6/9‑‑‑Bail, grant of‑‑‑Further inquiry‑‑‑Inspector/S.H.O. had frankly conceded that F.I.R. and recovery memos whereby intoxicants had been recovered from ‑ accused and his co‑accused were allegedly drafted by him, were not in his handwriting and, that he had merely signed those documents‑‑‑Inspector was unable to name the person or police official who had drafted F.I.R. and both recovery memos‑‑‑Very drafting of F.I.R. and recovery memos whereby narcotics substances were recovered from accused and his co‑accused had been rendered doubtful which had made recovery of intoxicants from accused a matter of further inquiry‑‑ Bail was allowed to accused, in circumstance.
Aazir Latif Khan for Petitioner.
Najeeb Faisal Chaudhry,. Addl. A.‑G. with Malik Muhammad Arif Bara for the State.
Date of hearing: 18th October, 2004.
ORDER
This is bail after arrest in case F.I.R. No.103 of 2004 dated 23‑2‑2004 under sections 6/9 of C.N.S.A. registered at Police Station Green Town, Lahore.
2. According to the prosecution allegation set up in the F.I.R., on 23‑2‑2004 at about 9‑15 p.m. Iftikhar Ahmad, Inspector/S.H.O. of Police Station Green Town, Lahore along with other police officials was on patrol duty when he received secret information that the petitioner along with another co‑accused, namely, Mst. Safia Bibi were selling narcotics and consequently he raided them and apprehended the petitioner and recovered from his possession 1125 grams of Charas and from the possession of his co‑accused Mst Safia Bibi 500 grams of Charas was recovered. Then he drafted complaint on the basis of which this case has been registered. The Chars was taken into possession vide recovery memos. which was drafted by the Inspector/S.H.O. and attested by Imran Anwar and Abdul Rasool Constables. The sealed parcels of samples were sent to the Chemical Examiner whose report has confirmed the contents to be intoxicants.
3. It has been argued on behalf of the petitioner that he has been falsely implicated in this case that no recovery of any intoxicant had been made from him and the entire investigational record is product of concoction.
4. The Inspector/S.H.O. present in Court has frankly conceded that the F.I.R. and the recovery memos. whereby the intoxicants had been recovered from the petitioner and his co‑accused allegedly drafted by him is not in his handwriting and he had merely signed them. He is unable to name the person or police official who had drafted the F.I.R. and both the recovery memos. Further more the entire record does not reveal the name of the scribe of the F.I.R. and as well as of the recovery memos. and his statement is also not on the police file to the effect that he had got recorded the complaint/F.I.R. and the recovery memos. From some other police official. Thus, the very drafting of F.I.R. and the recovery memos. whereby the narcotic substances were recovered from the petitioner and his co‑accused have been rendered doubtful which makes the recovery of intoxicants from the petitioner also a matter of further inquiry.
5. In this view of the matter, the petitioner is allowed bail subject to his furnishing security in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of the leaned trial Court.
6. The S.P. Model Town is directed to look into the misconduct of the investigation made in this case and take appropriate action against the delinquent police officials. The police file has been handed over to the S. P.
H.B.T./M‑777/L Bail allowed.