ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

C.P. No.D-1774 of 2010.

DATE

OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

Aqeel Ahmed Abbasi, J.

Salman Hamid, J. For Further Orders.

26.1.2011.

Mr. Habibullah G. Ghouri advocate for petitioner.

Mr. Abdul Hamid Bhurgari, Addll. A. G assisted by Mr. Ameer Ahmed Narejo, State Counsel.

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O R D E R .

AQEEL AHMED ABBASI, J- Through instant petition, the petitioner has complained about misconduct and highhandedness on the part of the police officials, alleging that he has been falsely implicated in Crime No.161/2010, for offence under section 9(c), CNS Act registered at Police Station Civil Line Larkana. It is alleged that the petitioner was arrested by police when he was coming out from Central Prison Larkana after meeting some UTP and was kept in illegal confinement by police, whereas illegal gratification was demanded by police officials for the release of the petitioner. Since the petitioner being poor person, could not arrange for the money, he has been falsely implicated in the instant crime.

2. On 27.10.2010, this Court was pleased to direct the DIGP, Larkana to get an enquiry conducted into the matter by Mr. Anwar Ali Gopang, DSP, Headquarter, Shikarpur and to submit report within fifteen days. Pursuant to such directions dated 27.10.2010, an enquiry was conducted and report has been submitted to this Court wherein it has been mentioned that the case registered against the present petitioner is false and it has been recommended that the case may be disposed of as ‘B’ Class, whereas action has been recommended against the delinquent police officials. The conclusion of such enquiry report is as follows :

“After analyzing the facts it is quite clear that SI Hussain Ali Kharl SHO PS Civil Line Larkana has arrested Petitioner/UTP from the main Road near Central Prison Larkana along with his relative Abid Ali Gopang. On next day SHO released the petitioner’s relative after accepting illegal gratification. Further more, it came on notice that on non payment of bribe from the part of petitioner as well as greediness of recovered Golden Ring and Cash Three Thousands. It is proved that above named SHO has kept him in wrongful confinement in Police Lock-up of PS Civil Line Larkana w-e from 10.9.2010 to 12.9.2010 and then he (SHO) purchased charas through ASI Sardar Ali Bugti and used him and registered Case Cr. No.161/2010 U/S 9-C at PS Civil Line Larkana.

After perusal the entry vide No.25-1910 dated 12.09.2010, shows that ASI Sardar Ali Bugti has proceeded for patrolling without any Investigation Bag. But the entry No.21-1610 dated 13.09.2010 mentions that above named ASI has proceeded for patrolling with Investigation Bag. It seems that police managed this case.

So far as the section 21 of Control of Narcotic Substances Act, 1997 shows that no police officer below the rank of Sub-Inspector is authorized to arrest or seize the accused/property of Control of Narcotic Substances.

In view of above facts the following Police Officer/Official are responsible for falsely challaning the innocent person in Case Cr. No.161/2010 of PS Civil Line Larkana namely Ghulam Murtaza @ Sunhal Gopang.

01. SI Hussain Ali Kharl SHO PS Civil Line Larkana.

02. ASI Sardar Ali Bugti PS Civil Line Larkana.

03. C-678 Muhammad Ilyas PS Civil Line Larkana.

04. C-1515 Ghulam Sarwar PS Civil Line Larkana.

05. C-2161 Kashif Ali PS Civil Line Larkana.

During course of Investigation, challaned accused Ghulam Murtaza @ Sunhal Gopang (Petitioner/UTP) is found innocent, no evidence is came on record for challaning him in the above Case. Therefore, it is recommended that the Case may be disposed of as False “B” Class.

Report submitted for favour of kind perusal and further orders.”

3. On receipt of above enquiry report and after perusal of the same, the learned counsel for the petitioner states that the petitioner is satisfied as the purpose of filing of this petition has been achieved, however, he prays that this enquiry report may be sent to the concerned trial Court for passing appropriate orders for the acquittal of the petitioner in the instant crime as petitioner has falsely been implicated by the police. He further requested that strict action against the delinquent police officials may be recommended.

4. To this submission, learned Addl. A. G has submitted that since the challan has already been submitted before the concerned Special Judge, it will be appropriate if the petitioner may approach the same Court along with enquiry conducted by Mr. Anwar Ali Gopang, DSP and seek acquittal of the petitioner/accused by filing proper application as per law. As regards action against the delinquent police officials, the learned Addl. A. G has submitted that since the enquiry has been conducted under Police Order 2002, subsequent action may also be directed to be taken by the concerned department under the provision of Police Order, 2002. In this regard he has referred to the judgment of the Honourable Supreme Court in the case of Ghulam Serwar Zardari versus Piyar Ali alias Piyaro and another reported as 2010 SCMR 624.

5. In view of hereinabove facts, it appears that the purpose of the instant petition has been served out in substance, as the enquiry, as prayed by the petitioner has been conducted wherein it has been concluded that the petitioner is innocent and the case against him is false, hence required to be disposed of as ‘B’ class. It has been further recommended in the inquiry report that the delinquent police officials named in such inquiry report are responsible for having falsely challaned the innocent person in Crime No.161/2010. Accordingly petition is hereby disposed of, however, with the directions to the Deputy Inspector General of Police, Larkana to take strict action against the delinquent police officials as mentioned in the conclusion of eh inquiry report, in accordance with the Police Order 2002 and submit compliance report in this Court through the Additional Registrar, within one month.

6. The petitioner is at liberty to approach the concerned Court for seeking acquittal in the instant crime by placing enquiry report on record and the learned trial Court shall pass the orders in accordance with law, preferably within fifteen days from the date of filing such proceedings by the petitioner/accused.

7. Before parting with the order, we would like to express our serious concern over the frequent incidences of highhandedness of police officials against general public which may be taken note of by the superior police officials at District and Regional levels so that the confidence of the general public could be restored and the deteriorating law and order situation prevailing in the province could be improved.

Copy of this order may be sent to the Provincial Police Officer Sindh and Regional Police Officer, Sukkur for information and for taking remedial measures in this regard.

Judge