Tuesday, 19 April 2016

Change of Investigation after submission of Challan

PLJ 2016 Lahore 500 (DB)[Multan Bench Multan]
Present: Syed Muhammad Kazim Raza Shamsi and Farruk Gulzar Awan, JJ.
MUHAMMAD DANISH--Petitioner
versus
CITY POLICE OFFICER, MULTAN and 4 others--Respondents
W.P. No. 17691 of 2015, decided on 14.1.2016.
Constitution of Pakistan, 1973--
----Art. 199--Punjab Police Order (Amendment) Ordinance, 2013, Art. 18-A--Constitutional petition--Change of investigation--Challan was submitted--Validity--Challan had been submitted in trial Court where charge was framed and trial was in progress and as such transfer of investigation at such a belated stage was not sustainable--Petition was dismissed.                                                                            [P. 502] A
2014 SCMR 1499 rel.
Mr. Muhammad Bilal Butt, Advocate for Petitioner.
Mehar Nazar Abbas ChawanAAG alongwith Atif, SSP (Operation) for Respondents.
Date of hearing: 14.1.2016.
Order
Through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, arising out F.I.R No. 510/2015 and F.I.R.No. 512/2015 dated 15.09.2015 under Section 9(c) of the Control of Narcotic Substances Act, 1997 registered at Police Station, Shujaabad, District Multan, the petitioner has sought direction against Respondent No. 1 that the application for change of investigation moved by petitioner before him be decided.
2. It is argued by learned counsel for the petitioner that cousin Muhammad Saleem Shahzad alias Akku and father of petitioner Khiyzar Hayat were booked into above mentioned false cases due to political rivalry; that police official demanded gratification from them and on refusal they were involved in these cases just to teach them a lesson and as a result, huge quantity of contraband charas was planted on them and now both of them are in judicial lockup.
3.  On the other hand, learned law officer has opposed this petition and submitted that challan of both the cases have been submitted in which charge has been framed and trial is in progress.
4.  We have heard the arguments of learned counsel for the petitioner and learned A.A.G for the State and have perused the record.
5.  The above mentioned cases F.I.R. No. 510/2015 and F.I.R. No. 512/2015 were registered on 15.09.2015 under Section 9(c) of the Control of Narcotic Substances Act, 1997. During investigation, both MuhammadSaleem alias Akku and Khiyzar Hayat were found involved and challan was submitted in learned trial Court. Thereafter, petitioner being dissatisfied from the aforesaid investigation, moved application for change of investigation before City Police Officer, Multan.
6.  Article 18-A of the Punjab Police Order (Amendment) Ordinance, 2013 (Ordinance II of 2013) deals with the subject which is re-produced for ready reference:
18-A. Transfer of investigation.--(1) Within seven working days of the filing of an application, the Head of District Police may, after obtaining opinion of the District Standing Board and for reasons to be recorded in writing, transfer investigation of a case from the investigation officer to any other investigation officer or a team of investigation officers of a rank equal to or higher than the rank of the previous investigation officer.
(2) If the Head of District Police has decided an application for transfer of investigation, the Regional Police Officer may, within seven working days of the filing of an application, after obtaining opinion of the Regional Standing Board and for reasons to be recorded in writing, transfer investigation of a case from the investigation officer or a team of investigation officers to any other investigation officer or a team of investigation officers of a rank equal to or higher than the rank of the previous investigation officer or officers.
3 -----------------“
7.  Today SSP (Operations) has submitted report and stated that both the case files were referred to District Standing Board considering for first change of Investigation. He further stated that both the case files, investigating officer was examined minutely and application of the petitioner for change of first investigation was disposed of. Record reveals that challan of the above mentioned cases have been submitted in learned trial Court where the charge is framed and the trial is in progress and as such transfer of investigation at such a belated stage is not sustainable. Reliance in this respect is placed upon Qari Muhammad Rafique vs. Additional Inspector General of Police (Inv.) Punjab and others” (2014 SCMR 1499).
8.  In view of above, the petition in hand is without any merit, the same stands dismissed.
(R.A.)  Petition dismissed

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