MUHAMMAD SALEEM Versus State S.M. Iqbal
This matter arises from a bail application filed by Muhammad Saleem before the Sindh High Court. The core legal question concerns the delayed submission of the investigation report by the Investigating Officer and the appropriate recourse for bail when an accused is in custody pending trial under drug laws. The court observed serious incompetence and lack of record-keeping by the Investigating Officer belonging to the Federal Investigation Agency and directed him to furnish the investigation report immediately, while ordering the Drug Inspector to submit the challan within seven days. The holding of the court is that upon submission of the challan, the applicant may approach the Drugs Court afresh for bail, to be decided on its own merits. The key principle laid down is that investigation agencies must expedite proceedings when an accused person remains in custody, and trial courts must independently assess bail applications based on statutory merits after challan submission.
- What action can the court take against an incompetent investigating officer failing to maintain proper police files and submit investigation reports?
- Can an accused repeat a bail application before the Drugs Court after the submission of the challan?
- How should investigation agencies proceed when an accused person is kept in custody?
- Drugs Act 1976
ORDER
1. The Investigating Officer is from Police Department and is on deputation in FIA, is either incompetent or dishonest. He has not furnished the investigation report to the Drug Inspector in terms of the law, for which he could offer any plausible explanation. We have inquired from him as to what material he has collected from the accused during the investigation. We wanted him to show such material from the diaries and the interrogation report but his file was not in order and the required diaries were not written. He claims to be from Police Department, but he does not know how to maintain police file. On our inquiry, he informed us that that he was waiting for the accused, who were implicated by the accused during interrogation. Once the custody of the accused was remanded to the jail, the Investigating Officer should have submitted his investigation report to the Drug Inspector for onward submission to the Court, but this has not been done by him. We must record our displeasure over the conduct of this Investigating Officer and recommend him to be posted back to his parent Department, as he is not good to the FIA. We further direct the Investigating Officer to furnish the investigation report today as the report from the Drug Testing Department has come and in turn the Drug Inspector shall submit the challan within seven days from today. We are aware of the procedure provided under the Drug Act, but if a person is in custody, the investigation agency should expedite. After the submission of challan, the applicant may repeat his bail application before the Drugs Court, who will decide it on its own merits without being influenced by the earlier order passed by it.
2. In view of this order, the learned counsel for the applicant does not press this bail application, which is dismissed as withdrawn.
3. Copy of this order be faxed to the Director General, FIA today, for his information and compliance.
4. Bail application dismissed.
5. H.B.T./M-16/K