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    MBDIN Circulation of Judgement

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    Amanat Ali AK Graphics

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    © All Rights Reserved
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    of 11
    Ph #.0546-501833 Email:dsjmbdin@punjab.gov.pk From Sardar Muhammad Iqbal Dogar, District & Sessions Judge, Mandi Bahauddin. To All the learned Judicial Officers, Working in district Mandi Bahauddin No. £29 pw Uifrajemen7 Dated._22-CY /2024. SUBJECT: CIRCULATION OF _JUDGEMENT/ORDER DATED 05.03.2024 PASSED BY HONBLE MR. JUSTICE TARIQ SALEEM SHEIKH IN CRL. MISC. NO. 5175-B OF 2023 TITLED “KOUSAR BIBI VS. THE STATE AND ANOTHER” Memo; Find enclosed herewith copy of order dated 05.03.2024 passed by hon'ble Mr. Justice Tariq Saleem Sheikh in crl. misc. No.5175-b of 2023 titled “Kousar Bibi vs. The state and another” for information and necessary action. Enclosures as above District ElgfSsigns Judge, aftr fi Bahauddin LAHORE HIGH COURT, LAHORE POZE (Directorate of District Judiciary) oo Phone No. 042-99212956-Ext. 303 No. 4803 pos nrycircutation Email’ monitoring2.ddj@the.cov. pk Dated: {7-04= , 2024 TD MR The Director General, qe 2 Directorate of District Judiciary, { i(f «. S22. Lahore High Court, Lahore. \ nan 22d S spades. Ley To 45 pee ee i. All the District & Sessions Judges Shor savas in Punjab. ii. The Presiding Officer(s), Special Court (CNS), Lahore & Rawalpindi. iii, The Chief Secretary, Govt. of Punjab, Lahore. iv. The Inspector General of Police, Punjab, Lahore. From Subject: | CIRCULATION _OF _JUDGEMENT/ORDER _ DATED 05.03.2024 PASSED BY HONBLE MR. JUSTICE TARIQ SALEEM SHEIKH IN CRL. MISC. NO. 5175-B OF 2023 TITLED “KOUSAR BIBI VS. THE STATE ‘AND ANOTHER” Dear Sir/Madam, Tam directed to enclose herewith copy of a Judgement dated 05.03.2024 passed by the Hon’ble Mr. Justice Tariq Saleem Sheikh in Cri. Mise. No. 5175-B of 2023 titled as “Kousar Bibi Vs. The State and another” for compliance. Yours faithfully, SYED ALI ABBAS Additional Registrar (PD&IT) For Director General Directorate of District Judiciary Encls: As above Copy is forwarded for information to the Senior Research Officer, Lahore High Court, Lahore. Additional Registrar (PD&IT) IN THE LAHORE HIGH COURT BAHAWALPUR BENCH BAHAWALPUR Cr.Misc.No. DY Z f B-2023/BWP. Kousar Bibi wife of Muhammad Rashid Caste Bodla, R/o Kora Khoo, Mouze Qamar Din Hans, Tehsil and District Bahawalnagar. (Now confined in District Jail Bahawalnagar). wen Petitioner VERSUS: 1, The State. 2. Muhammad Shakir Arooji S/o Rasheed Ahmed R/o Chak No.124/M, Tehsil Chishtian District + Bahawolnagar (Complainant). Respondents APPLICATION FOR GRANT OF POST-ARREST BAIL UNDER SECTION 497 CR.P.C. IN CASE FIR No.758/23_DATED 24.09.2023 U/s 9(1) 3(c) OF CONTROL OF NARCOTICS Susstance Act, 1997, POLICE STATION _SADDAR Susstance Act, 1997, POLICE STATION SADDAR BAHAWALNAGAR. Respectfully Sheweth: aA ORDER SHEET LAHORE HIGH COURT, BAHAWALPUR BENCH, BAHAWALPUR JUDICIAL DEPARTMENT Cri, Mise. No.5175/B/2023 Kousar Bibi Vs The State and another 53.2024 Malik Altaf Nawaz, Advocate, for the Petitioner. Mr. Javed Iqbal, Assistant District Public Prosecutor, with Muhammad Khan/SP, Ashraf/Inspector, Khalid Aslam/SI Fayyaz Mehmood/SI, Ghulam Rasool/SI, and Muhammad Riaz/SL. Tariq Saleem Sheikh, J. - Through this application, the Petitioner seeks post-arrest bail in case FIR No.758/2023 dated 24.9.2023 registered at Police Station Saddar Bahawalnagar for an offence under section 9(1)-3(c) of the Control of Narcotic Substances Act, 1997 (CNSA”) According to the FIR, the prosecution case is that on 24.9,2023 around 12:40 p.m., Muhammad Shakir/ASI (the Complainant) was present at the Sikandar Canal Bridge, Arifwala Road, along with other officials, including Maria 1142/LC. During this time, they observed a woman heading towards Kora Khoo, ¢ ying a plastic bag in her right hand, Upon noticing the presence of police, the woman attempted to flee, which made the Complainant suspicious. He apprehended her with the help of his colleagues. The woman identified herself as Kousar Bibi (the Petitioner), The Complainant inspected her plastic bag and discovered 1420 grams of charas, scissors, and Warak money totalling Rs. 480/- 3 On 01.11.20: 123, the Petitioner’s father, Muhammad Sarwar, filed a complaint (Tracking No. 4197459) with the Superintendent of, Police, Internal Accountability Branch, Bahawalpur Region. He alleged that on 07.09.2016, Fayyaz Mehmood, who was serving as Assistant Sub-Inspector at Police Station Saddar Bahawalnagar at the time, unlawfully arrested his son Muhammad Mustafa and brother Muhammad Arshad, and confined them in the police station’s lockup. Sarwar claimed hat he f i a habeas petition in the Sessions Court, which appointed a Cal Mise, No.$175/B/2023 2 bailiff who successfully recovered Mustafa and ‘Arshad. The Sessions Judge was inclined to impose 2 fine of Rs. 2000/- on Fayyaz Mehmood, who apologized, upon which Sarwar withdrew his petition, and the court set the detenues at liberty. 4 After some time, Fayyaz Mehmood was transferred Subsequently, he was promoted to Sub-Inspector and recently posted at Police Station Saddar Bahawalnagar again. He harboured a erudae of the +2016 incident. One afternoon, he allegedly sent a man in plain clothes who srespassed Sarwat’s house by sealing the wal. Sarwar's family members noticed the intruder and apprehended him after a scuffle, during which he gustained injuries from a falling brick from an under-construction wall The individual identified himself as AST Muhammad Murtaza Sarwar farther claimed that shortly afterwards, the local poli raided his house and arrested all men and women, including the Petitioner, and also took away cash, cellphones, g id ornaments, motorcycles, a car, and other gainst the arrested valuables. Subsequently, they registered seven cases @ persons (allegedly FIR No.758/2023, supra, is amo hem). 5 The Superintendent of Police, LAB, referred Sarwar's above mentioned complaint to DSP Jawad Sakha. He cont ted an inquiry and jound the a aainst police officials correct and recommended legal action against them, The coneluding paragraph of his report dated 123 is as follows: AG Sarwar had also sent_a copy of the above-mentioned t complaint to the Inspector General of Police Punjab (IGP), following \ which the District Police Officer (DPO) Bahawalnagar conducted an independent inquiry. He found against Sarwar On3 2024, vide Letter No.379/PCC, the IGP directed that “de novo inquiry be conducted at IAB Hays”, due to the conflicting findings of the two inquiries mentioned above - one conducted by DSP Jawad and the other by the DPO Bahawalnagar. The report of this, inquiry is awaited, 8. The Assistant District Public Prosecutor has apprised this Court that a cross-version has been recorded in FIR No. 758/2023 Sarwa 's complaint. However, he stated that the accused party does not enjoy a good reputation in the locality. They are known as drug deal “rs and criminals who resist law enforcement when authorities iry to take any action against them. Additionally, several criminal cases involving narcotics and other offences are pendi @ against various mbers of the Petitioner's family 9. Sarwar’s complaint dated 01.11.2023, the Although the IGP has directed a de novo inquiry into is that DSP Jawad Sakha allegations correct. The Superintendent of Police, IAB, Bahawalpur Region, endorsed his findings when he forwarded his report to the IGP under the cover of his Letter No.1581 TAB/BWP. dated 21.12.2023. The S.P. also enclosed a draft cha ge sheet against the delinquent police officers with the said letter. It is, therefore, a case of two versions, falling within the ambit of section 497(2) Cr.P.C. Further inquiry is required to determine the Petitioner's guilt. 10. Admittedly, the Petitioner does not have a criminal record. The list of cases submitted by the Law Officer pertains to the Petitioner's family members ~ not her. She cannot be penalized for the wrongdoing of her relatives. i In view of the above, this ap; ion is allowed. The Petitioner is admitted to post-arrest bail subject to her furnis! ing bail bond in the sum of Rs.500,000/- (Rupees five hundred thousand) with two sureties in the like amount to the trial court’s satisfaction 12, I need to include an additional note before concluding t order. 1B Pakistan is a signatory to several international conventions elated to narcoties control, including the Single Convention on Narcotic Drugs (1961), the Convention on Psychotropic Substances (1971), and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988).'_ By signing these international Conventions, Pakistan has committed to al igning its domestic narcotics contro! laws and policies with the objectives and principles outlined therein. This includes promoting adherence to legal and ethical standards transparency, and accountability in all Taw enforcement activities related to narcotics control, including the processes covery and seizure. 14. The aforementioned Conventions must be read in tandem with international human rights treaties such as the Universal Declar tion of Human Rights and the Intemational Covenant on Civil and Political Righ which obligate the States to respect and protect the rights of individuals, including those suspected or accused of drug offences. Law enforcement activities related to narcotics control must be conducted in accordance with these human rights standards, ensuring that individuals are treated with dignity, afforded due process, and protected from arbi detention, torture, or other forms of ill-treatment. 15 The United Nations Office on Drugs and Crime (UNODC) has developed guidelines and recommendations to promote transparency and accountabil ity in law enforcement activities, including publishing data on drug seizures, investigations, and prosecutions. The UNODC encourages States to establish independent oversight mechan monitor law enforcement agencies and hold them accountable for their Tose long with the folowing and others, form the framework for internation and abuse of nareoties and psychotropic substances Inictnatfonal Nareoties Control Board (INCB) Regulations: Tr iro treaties by providing regulations complement the int cit production, distrhution, and use of mnreotie druz 1 Against Transnational Organized Crime, 2000; While not specific to nareoties, this ‘rug, tralfieking as part of is broader aim Taw enforcement and judi ion, 2003: This. systems, whieh are crucial for effective narcati 4. United Nations General Asserably Special Session (UNGASS) on Drugs: These we rember states to diseuss and develop strategies to adéeess the global drag prob! tional cooperation 16. In conclusion, while intemational Conventions on narcotics contto| call for strict measures to combat drug trafficking and abuse, 11'S essential to prioritize human rights, due process, parency, accountability, and ethi standards, By upholding these principles. aovemments can effectively address the challenges posed by narcotics while safeguarding individual liberties, promoting the rule of laws and preserving the integrity of law enforcement institutions 7 In Pakistan, complaints of false implication in criminal cases are quite frequent. Adére ing this issue requires multifaceted actions including legal reforms, and increased transparency and accountability in vestigations. 18. Videography is a powerful tool in the fight ainst false implication in m: rcoties cases, providing objective documentation of police encounte: supporting criminal investigations, and fostering transparency and a sountability within law enforcement agencies. By capturing audio and video footage of interactions berween offic individuals suspected of drug-related offences, video recordings o reliabl record of events that can help prevent wrongful arrests, unjust cutions, and violations of individuals’ rights. 19. Furthermore, the data collected from video recordings can be harnessed to identify patterns and trends within Law enforcement agencies, —Lr—~—O—r———U—C—SC—C$;§=sesesesef uaining, policies and procedures. By analyzing the footage, authorities can identify systemic issues, such as biased pol @ practices oT procedural shortcom 2s, and implement targeted interventions to address —rrr—~—™—C—S—r—SNsONSsSCS

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