The order came during the hearing of a criminal revision application moved by an accused Hakeem son of Jaharo who was booked by Mominabad police on the charge of being in possession of 12 rods of charas each weighing 10 grams (total 120 grams).
The applicant impugned an order passed by the Special Court for Control of Narcotics Substances (CNS-II) which dismissed his application under section 2 49-A and 63 CrPC on September 23, 2004.
During hearing of the application on Thursday (December 30), the bench on perusal of record and papers found the Investigating Officer ASI Zulfiqar Ali submitted no challan/charge sheet before the trial court.
The bench also noted applicant was kept in illegal detention, as his remand was not extended beyond October 29, 2003.
The court then issued notices to the Superintendent of Youthful Offenders Industrial School, SHO Mominabad Police Station Fasih-uz-Zaman and ASI Zulfiqar Ali for Friday.
Superintendent Qamar Shah submitted his written explanation and took the plea he kept approaching the court for inquiring about the dates of hearing. He also produced a letter written by Registrar of CNS court addressed to Superintendent of Women Prison wherein she was asked not to release any Under Trial Prisoner (UTP) unless allowed by the CNS court.
The SHO and ASI failed in giving any explanation for failure in submitting charge sheet against the accused/applicant.
The bench going through the entire record and written explanations to the show cause issued to the respondents, held that Qamar Shah kept the applicant in illegal custody.
The court was shocked to notice that applicant was in custody from September 30, 2003 with out submission of any charge sheet or further extension of judicial remand, the order said.
The bench rejected the plea advanced by the Superintendent of Youthful Offenders Industrial School Qamar Shah and ordered Additional Registrar of SHC to lodge a complaint against Qamar Shah before the court of competent jurisdiction as he was held liable to face trial under section 220 PPC.
The court also held SHO Fasih-uz-Zaman and ASI Zulfiqar Ali of abating and facilitating Qamar Shah to keep applicant in illegal confinement from September 30, 2003 onwards and directed Additional Registrar to file complaint against them with Provincial Anti Corruption Court.