Law:

Section:

(a) Criminal Procedure Code (V qf 1898)- ---- S. 491 --- Habeas Corpus petition --- Evidence recorded in High Court revealed that at the time of raid by the Bailiff for recovery of detenus the daily .diary register was not available in the police station as the same had been summoned by the D.S.P. and it was not clear if the D.S.P. had done so bona fide or it was a device engineered by the relevant police officers to frustrate the orders of High Court and prevent the Bailiff from knowing whether the detention of the detenus found in the police station was illegal or not --Detenus were set at liberty after recording their statements in circumstances. (b) Police Act (V of 1861)--- ---- S.44 --- Police Rules, R.22.48(2) --- General Diary, removal of --- According to the conditions and the object for which the Current General Diary is maintained, it is not permissible, except in exceptional circumstances i.e., under specific orders of the Court, to remove the same from the police station, lest it may affect the liberty of an individual as enshrined in ~ the Constitution of Pakistan. JUDGMENT Facts relevant for the disposal of this petition are that Dost Muhammad filed the present petition under section 491, Cr.P.C. for the production of Mst. Said Bibi his wife and Mst. Rasulan Bibi his daughter-in-law, who according to him, were being detained illegally by the S.H.O. Police Station Farooqabad, District Sheikhupra. Vide orders of this Court dated 3-3-1993, a bailiff of this Court was deputed to recover the alleged detenus and produce them before this Court on 6-3-1993. The bailiff recovered the aforesaid detenus and produced them accordingly. On 6-3-1993, the statement of Kafayatullah SI/SHO was recorded, who inter alia, stated:-- "... ... It is correct that the daily diary (Roznamcha) was not in the police station, when the bailiff visited the said police station on 3-3-1993 at 3.30 p.m. Muhammad Ibrahim SI of the police station took the daily diary register from the said police station under the orders of the DSP Muhammad Hussain Waraich .. .. .... Muhammad Ibrahim SI also in his statement admitted that he had taken the daily diary from the PS to the DSP, but he…

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