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.

 

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                        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

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Irfan/PA                                                           J U D G E