Law: Punjab Police Rules, 1934

Section: r. 23'9 (2)

Punjab Police Rules, 1934, r. 23'9 (2)-"History Sheet B"--- Condition for opening history sheet-`Habitually addicted to crime"-Commission of several offences in course of single transaction-Not covered by expression-(Words and Phrases) Contravention of sub-rule (2)-Removal of name from history sheet ordered by High Court-Constitution of Pakistan (1956), Art. 170 Writ for correction of errors.   The expression "habitually addicted to crime" can apply only to a person who has committed crimes on many occasions and cannot, by any reasonable canon of inter pretation, be held to cover the case of a person who had committed a number of offences in the course of the same transaction. Commission of one crime or of a number of crimes in the course of the same transaction cannot amount to habitual addiction to crime.   Where history sheet "B" was opened by the Police in the name of the petitioner on the strength of the alleged commission of several offences in the course of a single transaction, held, that the conditions necessary for invoking sub-rule (2) of rule 23*9, Punjab Police Rules, 1934, for the purpose of opening such history sheet had not been satisfied.   Removal of name of petitioner from history sheet "B" ordered.   In such a case, the High Court can issue a writ for correction of errors committed by officers of the Government in the discharge of their duties.   If an officer of police contravenes the very law under which he purports to act, the power of the High Court to issue a writ is attracted. JUDGMENT   SHABIR AHMAD, J.-Muhammad Ramzan, meat seller of Mozang which is a part of the city of Lahore, has presented this petition with a view to having his name removed from the list termed as history sheet `B' which is kept by the police. The respondents to this petition are Government of West Pakistan through Secretary, Ministry of Home Affairs, the Senior Superin tendent of Police, Lahore, and the Station House Officer, Police Station Mozang, Lahore, all three of whom were represented at the hearing by Maulvi Mushtaq Husain, Additional Advocate -General, West Pakistan, while…