Law:

Section:

(a) Constitution of Pakistan (1973)--Arts. 199 & 185(3)---Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.3/4---High Court in exercise of its Constitutional jurisdiction could issue direction for investigation of the case by a Gazetted Police Officer in order to ensure justice and fairplay which did not amount to interference with the investigation, particularly when the D.S.P. had made a subsequent statement that a false case had- been registered against the detenu with ulterior motive. Anwar Ahmad Khan v. State 1996 SCMR 24 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Criminal Procedure Code (V of 1898), S.156---Investigation into cognizable offence---Constitutional jurisdiction---Investigating Authorities do not have entire and total authority of running investigation according to their whims and High Court in exercise of its Constitutional jurisdiction is competent to pass appropriate orders where investigation, is mala fide or without jurisdiction---High Court can also direct the concerned Authorities to finalize their reports within reasonable time when a cognizable case under investigation is under its judicial scrutiny. Anwar Ahmad Khan v. State 1996 SCMR 24 ref. Muhammad Farooq Bedar, Advocate Supreme Court instructed by Syed Abul Aasim Jafery, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 21st April, 1997 JUDGMENT IRSHAD HASAN KHAN, J---Mst Sharifan Bibi respondent No. l herein moved habeas corpus petition No. Criminal Miscellaneous 51/H of 1996 in the Lahore High Court for the recovery of one Amjad Ali from the unlawful custody of Muhammad Latif, A.S.I., Police Station Saddar, District Sheikhupura. The petitioner failed to produce the detenu in the High Court and took the stand that the detenu was required in a case F.I.R. No.22 of 1996, registered under Article 3/4 of Prohibition (Enforcement of Hadd) Order (4 of 1979), but his whereabouts were not known. The same plea was raised by the D.S.P. City Sheikhupura. Later the D.S.P. stated that the detenu was falsely involved in the said case by the petitioner A.S.I. for ulterior motive and the recovery of heroin weighing 3 Kgs. 16 grams from the…

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