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‑‑S. 561‑A‑‑Sind Crimes Control Act (VI of 1975), S. 14‑‑Quashing of proceedings‑‑Proceedings under S. 14 of Sind Crimes Control Act initiated against applicant on a report based on vague allegations‑‑ Tribunal also failing to apply its mind to report but just passing an order that bailable warrants be issued‑‑Proceedings against applicant, held, were taken without application of mind and without adopting required procedure‑ Proceedings quashed, in circumstances.

Amir Ali and 22 others v. The State 1986 P Cr. L J 30 ref.

Ali Nawaz Dahraj for Applicant.

M.A.I. Karni for the State.

Date of hearing: 11th February, 1987.

The applicant Hazrat Gul has filed this application under section 561‑A, Cr.P.C. for quashment of proceedings taken against him under section 14 of the Sind Crimes Control Act, 1975 by the S.D.M./Tribunal, Nawabshah. The learned counsel for the applicant has urged that the proceedings against the applicant have been initiated on a report submitted by S.H.O., Nawabshah Town alleging that he used to indulge in drinking and selling narcotics and he was a menace to the public at large but no specific instance has been cited in the report. According to him, only one case has been mentioned in the report in respect of the applicant's involvement in commission of an offence punishable under section 420/274, P.P.C. etc. He has also urged that the allegations are quite vague and the witnesses cited in the report are only the police officials. He has also submitted that learned Magistrate did not adopt the procedure laid down under the law. He has placed reliance on a case Amir Ali and 22 others v. The State reported in 1986 P Cr. L J 30.

The learned counsel appearing for the State has not opposed the application stating that there was no sufficient material before the Tribunal for taking the proceedings which are based on vague allegations. He has also conceded that the learned Tribunal has not adopted the procedure laid down under law.

It appears from the copy of the report whereupon the learned Tribunal initiated the proceedings against the applicant that the allegations imputed to the applicant are not specific and it further appears that the learned Tribunal did not apply its mind to the report but just passed an order that bailable warrants should be issued. It is, therefore, apparent that the proceedings have been taken without adopting the required procedure and without application of mind to the allegations contained in the report submitted by the S.H.O. Accordingly, the proceedings taken against the applicant under section 14 of the Sind Crimes Control Act on the basis of report, dated 3‑12‑1986 submitted to the Tribunal by the S.H.O., Nawabshah stand quashed.

S.G.D./H‑3/K Proceedings quashed.

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