ORDER SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR__________________
C.P No. D – 2168 of 2016
_______________________________________________________________ DATE ORDER WITH SIGNATURE OF
JUDGE _______________________________________________________________
For
katcha Peshi.
25.05.2016
Mr. Abdul Baqi Jan Kakar along with petitioner Mst. Yasmeen.
Mr. Shehriyar Imdad
Awan A.A.G along with Inspector Muhammad Isameel, Inspector Muhammad Ashraf, SIP Nasrullah
and ASI Ashraf Ali of New Pind Sukkur
as well as Muhammad Nadeem Shar
produced from Central Prison Sukkur.
...............
Pursuant to Court notices,
Inspector Muhammad Isameel, Inspector Muhammad Ashraf,
Sub-Inspector Nasrullah and ASI Ashraf Ali of New Pind Sukkur have shown appearance
and filed their statements as well as statement
on behalf of S.S.P Sukkur, whereas Investigating
Officer of crime No.11/2016 under section 9 ( c) CNS Act,1997 of Police Station
Sangi has also shown appearance and filed statement,
which are taken on record, copy supplied to
Mr. Abdul Baqi Jan Kakar
counsel for the petitioner who submits that petitioner will be satisfied if
S.S.P Sukkur may be directed to place on record copy
of J.I.T report in respect of crime No.189/2015 as well as re-investigation
report in respect of crime No.11/2016 under section 9 ( c) CNS Act, 1997 before
learned Civil Judge & Judicial Magistrate Rohri
and Special Judge for Control of Narcotic Substances Act, 1997, whereas learned
trial Court may be directed to take such report on record and pass appropriate
order after considering the same in accordance with law as petitioner intends
to move application under section
265-K Cr.P.C for acquittal of her husband Muhammad Nadeem.
Learned A.A.G has no
objection if the instant petition is disposed and appropriate directions are
issued to S.S.P Sukkur.
Accordingly instant
petition is being disposed of with directions to S.S.P Sukkur
to submit J.I.T report in respect of FI.R No.189/2015 registered under section
392, 34 PPC registered at Police Station Rohri before
the Court of Civil Judge & Judicial Magistrate Rohri
and also to submit re-investigation report prepared by Inspector Ghulam Ali Jumani Incharge Complaint Cell DIGP Office Sukkur
Range in respect of crime No.11/2016 under section 9 (c) CNS Act, 1997
registered at Police Station Sangi before the
concerned Additional Sessions Judge Sukkur, within
one week from the date of this order. Whereas, learned trial Court is directed
to take the same on record and to pass appropriate order thereon, in accordance
with law. However Muhammad Nadeem Shar
is at liberty either to proceed with the bail application already pending
before learned Special Judge for CNS , Sukkur or to file
an application under section 265-K Cr.P.C, both the
matters shall be decided strictly in accordance with law, within a period of
four weeks after filing of such application.
Petition stands disposed
of in the above terms
J
U D G E
`
Irfan/PA J U D G E