| Citation(s) |
|---|
| 1980 SLG 3043 = 1980 SLD 3043 = 1980 PCRLJ 365 |
Lahore High Court
Writ Petition No. 1357 of 1978, decided on 30th May 1979.
Presented By: Zakiuddin Pal, J
B. A. Chaudhry for Petitioner. Rashid Aziz, A. A: G. for
Respondents.
Writ Petition No. 1357 of 1978, decided on 30th May 1979.
Presented By: Zakiuddin Pal, J
B. A. Chaudhry for Petitioner. Rashid Aziz, A. A: G. for
Respondents.
ABDUL KHALIQ-Petitioner
VERSUS
THE STATE AND 2 OTHERS-Respondents
Law: Punjab Police Rules, 1934
Section: 239
(a) Punjab Police Rules, 1934 R. 239 Person originally placed under surveillance and his history. sheet opened, without notice, on account of his involvement in criminal cases in which he was not found guilty and discharged Such person later found guilty in criminal cases and sentenced but after release from jail regularly reported not to be indulging in any bad activity or. committing any crimeNotice issued to such person after lapse of seven years for continuing his historysheet already opened.Held, cannot be sustained in lawOrder placing such person under surveillance or continuing his surveillance, being without jurisdiction set aside.[Criminal trial]. (b) Punjab Police Rules, 1934 S. 239 Habit and addictionContinuous processPerson not found having committed any crime during last seven years before issue of notice under r. 23.9Held, could not b;, reasonably believed to be habitually addicted to crime.[Criminal trial]. Date of hearing : 30th May, 1979. JUDGMENT The petitioner was involved in as many as 6 cases whose particulars are given in para. 3 of the petition as well as in the order dated 1431976 passed by the D. S. P. Okara as contained in the Police file. First Case No. 215 dated 361963 was registered against him under section 411, P. P. C. According to the relevant record he was acquitted in the case though reprimanded by the Court concerned. Second Case No. 58 dated 241966 was registered against him under section 379, P. P. C. He was found guilty and sentenced to undergo 6 months' rigorous imprisonment by the A. D. M., Karachi vide his order dated 2641966. Third Case No. 55/110 was registered against him under section 55/110. He was found guilty and sentenced to undergo one year's imprisonment and was also imposed fine of Rs. 1,000 by the A. D. M., Okara vide his order dated 1111967.…