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Petitioner: MUHAMMAD ASHRAF VS Respondent: StateHonorable Justice Sh. Abdul RashidCh. Nawab Ali Mayo
2008 Y L R 1114
2008 Y L R 1114
[Lahore]
Before Sh. Abdul Rashid, J
MUHAMMAD ASHRAF---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No. 3755-B of 2004, decided on 5th July, 2004.
Criminal Procedure Code (V of 1898)---
----Ss. 497 & 561-A---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3/4---Quashing of proceedings---Entire investigation in the case had been conducted without registration of the proper complaint and the F.I.R.---All the important recovery memos. were also not in the hand writing of the Investigating Officer, who appeared to have prepared a false record regarding recovery of indigenous liquor to implicate the accused an account of his earlier grouse---Bail petition was converted into a petition under S.561-A, Cr. P. C. and entire proceeding of the case were quashed in circumstances.
Ch. Nawab Ali Mayo for Petitioner.
Najeeb Faisal Ch, Addl. A.-G. with Mian Abdul Qayyum Anjum, for the State with Muhammad Rizwan Manzoor, A.S.P. and Zafar Iqbal, D.S.P. (Legal) with Muhammad Ashraf Ranjha, S.-I. with record.
ORDER
SH. ABDUL RASHID, J.---Case F.I.R. No.129 of 2004, dated 10-5-2004 under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979, was registered at Police Station B-Division, Okara on the report of Muhammad Ashraf Ranjha, S.-I. of Police Station A-Division, Okara with the allegations that on 10-5-2004 while he was investigating case F.I.R. No. .169 of 2004 of his Police Station, he learnt that in the petitioner's workshop indigenous liquor was being distilled and sold and consequently he raided the said premises where besides the petitioner, Muhammad, Ishtiaq, Muhammad Arshad and Muhammad Anwar co-accused were also present. The petitioner was able to make good his escape and from the premises 57 plastic cans of indigenous liquor were recovered and the said liquor was taken into possession vide recovery memo. which was attested by the police officials. From the custody of one of the co-accused Rs.180 as sale proceeds were also taken into possession.
2. It is contended on behalf of the petitioner that a brother of the petitioner, namely, Mahmood Ali was earlier taken into illegal confinement by Muhammad Ashraf Ranjha Sub-Inspector and the petitioner had filed Criminal Miscellaneous No. 118-H of 2001 and the said brother of the petitioner had been recovered from the illegal custody of the said Sub-Inspector and due to the said grouse the petitioner has been falsely implicated in this occurrence and that the police party allegedly comprised of many officials and in case the petitioner was present at the premises there was no chance of his escape and that on such allegations levelled against the petitioner any person can be implicated on account of grouse lurking in the mind of a police official.
3. I have perused the record. The complaint regarding occurrence had been allegedly recorded by Muhammad Ashraf Ranjha S.-I. of Police Station A-Division Okara who has admitted in the Court that the said complaint is not in his hand writing and that he got it recorded by Khurshid Ahmad S.-I. No statement of said Khurshid Ahmad S.-I. under section 161, Cr.P.C. is available on the file to show that he had recorded the complaint on the dictation of Muhammad Ashraf Ranjha S.-I. and further more the said complaint also does not bear the signatures of Muhammad Ashraf Ranjha S.-I. and as such does not constitute a complaint in the eye of law on the basis of which any case can be registered. Similarly the recovery memo. showing recovery of Rs.180 as sale proceeds of indigenous liquor is also not in hand-writing of Muhammad Ashraf S.-I. and he has only signed the same whereas according to the record the said recovery memo. is in his hand writing. The entire investigation in this case has been conducted without registration of the proper complaint and F.I.R. and then all the important recovery memos. are also not in the hand writing of Muhammad Ashraf Ranjha S.-I. He appears to have prepared a false record regarding recovery of indigenous liquor to implicate the present petitioner on account of his earlier grouse.
4. In this view of the matter by converting this petition into a petition under section 561-A, Cr.P.C., I quash the entire proceedings of this case. This petition is disposed of.
5. Rizwan Manzoor A.S.P. City Okara present in Court is directed to initiate legal proceedings against Muhammad Ashraf S.-I. for planting a false recovery of 57 plastic cans of indigenous liquor on the petitioner and his co-accused and preparing false record in this respect. The result of the action taken by the A.S.P. shall be intimated personally to this Court within two weeks.
N.H.Q./M-602/L Proceedings quashed.