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Petitioner: DR. SHAH VS Respondent: THE STATE
1996 P Cr
1996 P Cr. L J 1359
[Peshawar]
Before Jalal-ud-Din Akbarji, J
Dr. SHAH---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.979 of 1995, decided on 26th November, 1995.
Criminal Procedure Code (V of
1898)---
----Ss. 497 & 103---West Pakistan Arms Ordinance (XX of 1965), S.13-- Constitution of Pakistan (1973), Art.14---Bail, grant of---Police-raiding-party while making the search of-the house of the accused had not only not complied with the provisions of 5.103, Cr.P.C. but had also violated the privacy of the home guaranteed by Art.14 of the Constitution---Recovery in the case had not been made in accordance with law and the requisite procedure and the guilt of accused was yet to be established at the trial---Accused was admitted to bail in circumstances.
Akhtar Naveed for Petitioner.
Muhammad Khurshid Khan for the State
Date of hearing: 26th November, 1995.
JUDGMENT
Dr. Shah, petitioner herein, is implicated in case F.I.R. No.254, dated 25-9-1995 Police Station Jungle Khel, Kohat under section 13, Arms Ordinance on the report of Fida Muhammad Khan, Inspector/S.H.O., Police Station Jungle Khel, who has stated and recorded in the F.I.R. that he alongwith a police posse under the command of A.S.P. and D.S.P. raided the house of the petitioner for arrest of one proclaimed offender namely Tanvir son of Nasir Khan and during the search of the house of the petitioner a klashnikov China-make bearing No.1516943 alongwith two chargers, 40 cartridges of 7.62 bore, one rifle .8 mm bearing No. 11866 country-made alongwith 18 cartridges of .8 mm were recovered. The petitioner could not produce any licence for the arms and ammunition, therefore, he was arrested.
The petitioner was not an accused person when his house was raided and searched. It is alleged in the F.I.R. that the police party was in search of a proclaimed offender and wanted to arrest him but it is not shown in the F.I.R. whether the proclaimed offender was arrested or not. The place and in this case the house is to be searched in accordance with the provisions of section 103, Cr.P.C. contained in Chapter VII of the Code read with other provisions of the Chapter. The police raiding party did not comply with the said provisions of the Code before the search of the house of the petitioner. The privacy of home subject to law is inviolable right of a person under Article 14 of the Fundamental Rights of the Constitution of Islamic Republic of Pakistan. The recovery has not been made in accordance with law and procedure and the guilt of the petitioner is yet to be established in the trial. This application is, therefore, accepted and the petitioner shall be released on furnishing bail bond in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of Illaqa/Duty Magistrate.
N.H.Q./1909/P Bail allowed.