PLD 2021 Lahore 105 (Amended 22.4 PR)

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P L D 2021 Lahore 105

Before Muhammad Qasim Khan, C.J.
Mst. ASMAT PARVEEN---Petitioner
Versus
The STATE and another---Respondents
Criminal Miscellaneous No. 42705-B of 2020, decided on 15th
October, 2020.
(a) Police Rules, 1934---
----R. 22.4 (as amended)---Roznamcha waqiati---Maintenance of hard
copy---Scope---Wisdom underlying the maintaining of manual
roznamcha is to rule out the possibility of any fabrication which can
easily be incorporated in the soft copy, hence, in all eventualities soft
copy can never be a substitute of manual register maintained in terms
of previous practice in vogue---Careful perusal of the amendment
made in R. 22.4 divulges that maintaining of manual roznamcha has
not been prohibited rather it delineates that in addition to hard copy,
soft copy (electronic copy) of the registers shall be prepared---High
Court issued direction to Inspector General of police to immediately
issue directions to the police hierarchy throughout the Province to
keep maintaining manual roznamcha waqiati as per previous practice-
--Electronic copy of the same as introduced through amendment
would continue simultaneously.
(b) Criminal Procedure Code (V of 1898)---
----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss.
9(c) & 51---Possession of narcotics---Bail, grant of---Scope---
Accused was alleged to have been found in possession of narcotics---
Contention of accused was that two different FIRs were registered at
the same police station within a span of ten minutes---First FIR was
against her husband with regard to recovery of narcotic substance in
front of his house while the other FIR was registered against the
accused narrating the story that the charas was recovered from her
and venue of recovery was mentioned as backside of the same house--
-Possibility of maneuvering false case implicating the accused in the
case at the hands of complainant/local police could not be ruled out---
Accused was a woman folk who was stated to be previous non-
convict and behind the bars since the date of her arrest---Investigation
being complete, person of the accused was no more required for
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further investigation---Sufficient grounds existed to interfere into the

matter to grant relief of bail under S.51 subsection (2) of the Control
of Narcotic Substances Act, 1997---Petition for grant of bail was
allowed, in circumstances.
Muhammad Ehsan Gondal for Petitioner.
Ch. Sarfraz Ahmad Khattana, Deputy Prosecutor General with
Jawad Ahmad Dogar, DIG (Legal), Tariq Mehmood Sukhera, S.P.
(Investigation) and Saleem Ahmed, S.P. (Investigation) along with
record for Respondents.
ORDER
MUHAMMAD QASIM KHAN, C.J.---Through the instant
petition, petitioner seeks indulgence of this Court for her
enlargement on post arrest bail in case FIR No.
293/2020 dated 21.06.2020 registered under section
9(c) ofthe Control of Narcotic Substances Act,
1997 at PoliceStation Miana Gondal, District Mandi Baha ud Din.
2. During the course of proceedings on 30.09.2020, learned
counsel for the petitioner had vehemently argued that the instant FIR
was lodged with mala fide intention in order to satisfy ulterior
motives. In support of his contention learned counsel had brought into
the notice of this Court that two different FIRs were registered at the
same police station within a span of ten minutes: viz. FIR No.292/2020
was registered at 3:00 p.m. against husband of the petitioner
(Muhammad Rafique) with regard to recovery of narcotic substance
in front of his house while the instant FIR (No.293/2020) was
registered at 3:10 p.m. against the present petitioner while narrating
the story that charas was recovered from her and venue of recovery
was mentioned backside of the same house. In order to evaluate the
contention of learned counsel for the petitioner and ascertain the
exact situation, the Superintendent of Police, Mandi Baha-ud-Din was
directed to produce attested copy of 'roznamcha waqiyati' of the
concerned Police Station. However, the same could not be produced.
Jawad Ahmad Dogar, D.I.G. (Legal), who was present in connection
with another case entered appearance and stated that through
notification dated 15.12.2017 issued by the Provincial Police Officer,
Government of the Punjab, amendments have been made in the Police
Rules, 1934. A copy thereof has been placed on record, which is
reproduced as under:-
"No.43604/DIG/I.T:---
In exercise of the powers conferredunder Article 112 of the Po
lice Order, 2002 (22 of 2002),the Provincial Police Officer,
with the approval of Government of the Punjab, is pleased to
direct that in the Police
Rules, 1934, the following further amendments shallbe made:-
-
AMENDMENTS
In the Police Rules, 1934, in Chapter XXII:
(1) for rule 22.3, the following shall be substituted:
"22.3, Station Clerk:- (1) A Station clerk shall:
(a) Be a literate head constable or IT literate officer;
(b) Work under the supervision of the officer incharge of the police
station;
(c) Act as a clerk, accountant and record keeper; and
(d) Be the custodian of the property at the police station.
(2) A station clerk may be assisted by one or more assistant clerks.
(3) The Provincial Police Officer may, by general or special order,
assign any one or more tasks to any officer mentioned above.";
and
(2) in rule 22.4, for clause (a), the following shall be substituted:
(a) He shall
(i) maintain hard as well as soft copy (electronic copy) of the
registers as per orders of the Provincial Police Officer;
(ii) dispose of and be responsible for early disposal of all the
correspondence as per instructions of the officer incharge of
the police station; and
(iii) write all reports and returns called for by the competent
authority."
3. It is pertinent to mention that there was a wisdom underlying the

maintaining of manual roznamcha so as to rule out the possibility of
any fabrication, which can easily be incorporated in the soft copy.
Hence, in all eventualities soft copy could never be a substitute of
manual register maintained in terms of previous practice in vogue.
Moreover, careful perusal of the amendment made in rule 22.4
divulges that maintaining of manual roznamcha has not been
prohibited rather it delineates that in addition to hard copy, soft copy
(electronic copy) of the registers shall be prepared. In this view of the
matter, this Court is left with no other option except to issue a
direction to Inspector General of Police, Punjab/Provincial Police
Officer to immediately issue instructions to the police hierarchy
throughout the Punjab to start/keep maintaining manual roznamcna
waqiati as per previous practice. Moreover, the electronic copy of the
same as introduced through amendment shall continue
simultaneously. Reference in this regard may also be placed on the
pronouncements made in the judgments reported in the cases of
Muhammad Tariq v. Station House Officer, Police Station Saddar
Jampur and another (2019 PCr.LJ 1403) and Khatoon Bibi v. The
State and others (2020 LHC 2463). It is made clear that any lapse in
this behalf shall be taken seriously. Inspector General of Police
Punjab/Provincial Police Officer shall submit compliance report in
this regard to the Registrar of this Court.
4. As far as merits of the case are concerned though it is alleged
that at the time of arrest of the petitioner 2000 grams contraband
charas was allegedly recovered from her, however, if the factum of
lodging of FIR No.292/2020 against husband of the petitioner
coupled with venue of recovery i.e. same house is juxtaposed with the
facts of the instant case, this Court is persuaded to believe that
possibility of manoeuvring false case implicating the petitioner in the
instant case at the hands of complainant/local police cannot be ruled
out. (Reliance is placed on the case law reported as 2010 MLD
1908 (Ziarat Khan v. The State). The petitioner is a woman folk, who
is stated to be previous non-convict and behind the bars since the date
of her arrest. Moreover, investigation being complete person of the
petitioner is no more required for further investigation. All these facts
when evaluated on the judicial parlance persuade this Court to believe
that there exist sufficient grounds to interfere into the matter to grant
the relief of bail under section 51(2) of the Control of Narcotic
Substances Act, 1997. Accordingly, this petition is allowed and
petitioner is admitted to post arrest bail subject to her furnishing bail
bond in the sum of Rs.100,000/- (one lac rupees) with one surety in
the like amount to the satisfaction of learned trial court.
SA/A-2/L Bail grante

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P L D 2021 Lahore 105

further investigation---Sufficient grounds existed to interfere into the

3. It is pertinent to mention that there was a wisdom underlying the

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