Letters of DDPP

Phone No. 055-9200074. From:

Deputy District Public ProsecutorAnti-Corruption Court, Gujranwala.

ToThe Circle Officer,ACE, Narowal.

No.____________ Dated_____________

Subject: - I. FIR NO.196/14, DATED 07.06.14, U/S 409 PPC, PS CITY,

NAROWAL.II. BAIL APPLICATION TITLED “ABDUL REHMAN ETC VS

THE STATE”.

The bail application titled in the subject was fixed for hearing for today i.e. 01.09.2015. The record was produced by Zulfiqar Ali C/ACE, Narowal. During the perusal of record, an enquiry conducted by Additional District Collector, Narowal regarding the missing file of suit titled “Talib Hussain VS Mohammad Bibi”, the subject matter of the instant case was found on record which reveals that the missing file was never misappropriated / missed and was found available in the Judicial Mohafiz Khana Narowal, which was transferred / shifted alongwith other record i.e. Judicial Files in the year 2012. It is worth mentioning here that the Inquiry Officer recommended that the Circle Officer ACE be asked to drop the inquiry proceedings against the accused.

In the consequence of the above mentioned inquiry, DCO Narowal intimated Worthy District & sessions Judge, Narowal about the factual position of the case and there is another letter is available on record from Mr. Sajawal Khan. Learned Civil Judge 1st Class, Zafarwal to Worthy District & Sessions Judge, Gujranwala intimating about the availability and receipt of missing file attested copy of the missing file has also been found available on the record. The perusal of record further reveals that application of bail petitioners Abdul Rehman and Abdul Manan dated 15.05.2015 is present on record in which copies of inquiry proceedings and relevant correspondence is mentioned and attached too.

Despite availability of above record on file, the Circle Office ACE, Narowal after receiving the file on 27.03.2015 started efforts to arrest the accused on the simple reason that Judicial action against the accused was approved. He failed to take notice of the important aspect of the matter present on record and kept on efforts for the arrest of the accused up till now.

When a material piece of evidence regarding guilt / innocence of the accused is available on record, then it cannot be brushed aside merely on the point of technicalities. The Circle Office must have brought the noticeable turn in the case in the knowledge of competent authority for the just disposal of case which can save the precious resources / the time of the investigating Agencies and the Learned Trial Court.

In the above scenario it is suggested that the case file be sent to the competent authority to review the matter in the light of documents pertaining to the case on record.

(MOHAMMAD AMJAD HUSSAIN SINDHU)Deputy District Public Prosecutor

Anti-Corruption Court, Gujranwala.No. & Date Even.Copy is forwarded for information and necessary action to:

1. The Honourable Special Judge, Anti-Corruption Gujranwala Division, Gujranwala.

2. The Worthy Director, ACE Region Gujranwala.

Phone No. 055-9200074. From:

The Deputy District Public Prosecutor,Anti-Corruption Court, Gujranwala.

To

The Director,Anti-Corruption Establishment,Gujranwala Region, Gujranwala.

No.____________ Dated_____________

Subject: - DEFECTIVE INVESTIGATION AND DELAYED SUBMISSION OF REPORT U/S 173 CR.P.C IN CASE FIR NO.646/09 DATED 23.10.2009 U/S 409 PPC, 155-C POLICE ORDER, 2002 PS AROOP, GUJRANWALA.

Respected Sir,

The subject case was registered on the complaint of Liaqat Ali who alleged therein that he got registered FIR No.168/08 u/s 457/380 PPC PS Aroop regarding theft of his buffaloes and accused ASI Mohammad Siddique Gujjar was the I.O of that case. During Investigation, the accused ASI recovered his buffaloes but instead of handing over to him, he usurped the said buffaloes on the pretext of temporary superdari. After completion of investigation the report u/s 173 Cr.P.C was produced before the undersigned for scrutiny.2. During scrutiny glaring discrepancies and shortcomings in the investigation were noticed vide objection memo for the purpose of rectification / explanation attached herewith for your kind perusal and further orders please. Amongst other objections, the worst aspect is the conduct of the investigating Officer which is depicted in Para No.6 of the objection memo. It reflects that the I.O not only caused undue and unjust inordinate delay for more than five years in the preparation and submission of the report u/s 173 Cr.P.C but also ignored the directions of the competent authority while preparing the challan. The authority had disagreed with the conclusion of investigation in which the I.O had recommended cancellation of the case in complete disregard of the evidence available on record.3. The challan file alongwith Police file with objection memo by the undersigned is submitted herewith for kind perusal and necessary action regarding explanation / rectification of the defects as well as appropriate punitive action against the delinquent investigating officer in accordance with law for defective / faulty investigation and causing inordinate delay in the preparation and submission of report u/s 173 Cr.P.C.

Hoping prompt action under intimation to this office.


Anti-Corruption Court, Gujranwala.No. & Date Even.

Copy is forwarded for information and necessary action to:1. The Honourable Special Judge, Anti-Corruption Gujranwala Division,

Gujranwala.2. The Worthy Prosecutor General, Punjab, Lahore.

(MOHAMMAD AMJAD HUSSAIN SINDHU)


Phone No. 055-9200074. From:


To


No.____________ Dated_____________

Subject: - DELAYED SUBMISSION OF CHALLAN AND NON-RECTIFICATION OF DEFECTS IN THE INVESTIGATION IN CASE FIR NO.32/12 DATED 02.05.2012, U/S 420/468, 409/109 PPC, 5(2)47 PCA, PS ACE GUJRANWALA.

Respected Sir,

It is submitted that challan in the subject case was submitted in this office for checking which was returned to the CO/ACE, Gujranwala for the purpose of rectification of defects vide objection memo dated 12.10.2013. (Copy enclosed)2. The said challan has again been submitted before the undersigned without any rectification / explanation after a lapse of about 2 years which speaks volumes about indifferent, careless and lethargic attitude of the concerned officers.3. The matter is being brought to your kind notice for taking effective and material steps to ensure improvement in timely submission of reports u/s 173 Cr.P.C after rectification of defects in the investigation pointed out by this office as wel as suitable action against delinquents responsible for delay. Hoping prompt action under intimation to this office.






Anti-Corruption Court, Gujranwala.

Phone No. 055-9200074. From:


To


No.____________ Dated_____________

Subject: - DELAYED SUBMISSION OF CHALLAN AND NON-RECTIFICATION OF DEFECTS IN THE INVESTIGATION IN CASE FIR NO.30/12 DATED 01.05.2012, U/S 420/468, 409/109, 166 PPC, 5(2)47 PCA, PS ACE GUJRANWALA.

Respected Sir,

It is submitted that the challan prepared on 13.07.2013 was submitted in this office for the purpose of scrutiny on 18.12.2014 which was returned to the CO/ACE, Gujranwala for rectification of defects pointed out in the investigation. (Copy enclosed)2. It is a matter of grave concern that the said challan was resubmitted in this office on 21.08.2015 after a lapse of about 8 months and that too without complete rectification / explanation. The conduct of the concerned CO calls for stern action against him under intimation to this office. 3. The matter is being brought to your kind notice for taking effective and material steps to ensure improvement in timely submission of reports u/s 173 Cr.P.C after rectification of defects in the investigation pointed out by this office. The object of this exercise envisaged under the law, is to enhance and maintain effective and successful conduct of prosecutorial functions in the trial court. Hoping prompt action under intimation to this office.







Phone No. 055-9200074. From:


To


No.____________ Dated_____________

Subject: - DELAYED SUBMISSION OF CHALLAN AND NON-RECTIFICATION OF DEFECTS IN THE INVESTIGATION IN CASE FIR NO.76/12 DATED 29.11.2012, U/S 161 PPC, 5(2)47 PCA, PS ACE GUJRANWALA.

Respected Sir,

It is submitted that the challan prepared on 04.07.2013 was submitted in this office for scrutiny on 12.10.2014 which was returned to the CO/ACE, Gujranwala for the purpose of rectification of defects pointed out in the investigation. (Copy enclosed)2. It is a matter of grave concern that the said challan was resubmitted in this office on 21.08.2015 without any rectification and putting explanation about the objections raised by this office. The case file kept lying unnoticed for about two years with the CO/ACE, Gujranwala which reflects a bad show of performance of official duties on his part. The conduct of the concerned CO calls for stern action against him under intimation to this office. 3. The matter is being brought to your kind notice for taking effective and material steps to ensure improvement in timely submission of reports u/s 173 Cr.P.C after rectification of defects in the investigation pointed out by this office. The object of this exercise envisaged under the law is to enhance and maintain effective and successful conduct of prosecutorial functions in the trial court. Hoping prompt action under intimation to this office.







Phone No. 055-9200074. From:


ToThe Director,Anti-Corruption Establishment,Gujranwala Region, Gujranwala.

No.____________ Dated_____________

Subject: - DEFECTIVE INVESTIGATION AND DELAYED SUBMISSION OF CHALLAN IN CASE FIR NO.51/2011 DATED 29.10.2011, U/S 420/468/471/409-PPC, PS ACE, GUJRANWALA.

Respected Sir,

It is submitted that complainant Mohammad Aslam Chowkidar, RHC, Ghakkhar got registered the subject case against Mukhtar Ahmad Accountant for commission of misappropriation of his salaries. The challan prepared on 13.08.13 has been submitted in this office after a lapse of about two years for scrutiny during which certain objections are pointed out vide objection memo dated 18.08.15.Copy of objection memo is attached herewith for kind perusal and further necessary action for early rectification in order to submit the same before the learned trial court for judicial verdict as it had already been delayed too much. 2. The perusal of case file reveals that the matter pertains to accounts which require documentary evidence but during investigation the I.O failed to collect even an iota of documentary evidence in support of allegations made in the complaint. Neither the concerned staffs, Drawing and Disbursing Officer, bank authorities, concerned dealing hand in District Account Office have been joined in the investigation nor the relevant record has been collected and brought on the file according the procedure. The I.O passed away the whole period of physical remand of the accused in a mechanical way and failed to arrange cross- talks between the accused and the complainant alongwith concerned officers/officials even for a single occasion to bring forth real facts of the case. No serious and fruitful effort is on record for the recovery of relevant record or amount embezzled from the accused. 3. The submission of challan in its present condition against the accused for trial is just wastage of time which is returned to the Circle Officer for proper rectification of defects within the shortest possible time. The matter is brought to your kind notice to ensure proper and timely rectification of defects and submission of challan before the learned trial court without further delay. The delinquent officer responsible for defective investigation and causing inordinate delay in the submission of challan is liable to be dealt in accordance with the rules and procedure under intimation to this office. The object of this exercise, envisaged under the law, is to enhance and maintain effective and successful conduct of prosecutorial functions in the trial court which is possible only when the investigating agencies perform their duties in an effective and efficient manner realizing their responsibilities.







From:The Deputy District Public Prosecutor,Anti-Corruption Court, Gujranwala


No.____________ Dated_____________

Subject: - DELAYED SUBMISSION OF CHALLAN IN CASE FIR NO.29/2012 DATED 18.04.2012 U/S 161.PPC 5/2/47 PCA, PS ACE, GUJRANWALA.

Respected Sir,

According to the brief facts of the case cited in the subject, complainant Manzoor Ahmad, a police constable dismissed from service and serving as security guard at General Bus Stand General, alleged that accused Mst. Shagufta Sharif, a government school teacher, demanded and received Rs.52300/-from him on the pretext of getting him re-instated in service through her personal intimation with one Mohammad Aslam allegedly Secretary, Chief Minister, Punjab, Lahore. The challan prepared on 05.09.2013 is submitted in this office for scrutiny on 22.08.2015 after a lapse of about two years. During scrutiny certain objections were pointed out by the undersigned vide memo attached herewith in original for your kind perusal and requisite action accordingly. 2. Amongst other objections, it is observed that vide letter from worthy Director General, ACE, Punjab Lahore bearing No.650/09 dated 01.01.2014, the instant challan was stated to be submitted in the trial court whereas the said task has not been accomplished uptill now. The careless and negligent attitude needs serious curative steps for the treatment and overhauling of the Establishment which itself is meant for fighting against a wide spread fatal disease of corruption in the society. 3. The file of the subject case has revolved from the initial to the highest forum in the ACE, but it is observed with sorrow that no heed is paid at any forum towards the application of proper sections of law according to the facts and conclusion of investigation. It is suggested that if application of proper section of law are clarified at the time of proposal and approval of ROC and J/A, then this controversy can be avoided as observed by the undersigned in a number of cases at the stage of scrutiny.4. As mentioned in Para No.5 of the objection memo, there is no attempt on record to trace and join one Mohammad Aslam in the investigation on whose behalf the lady accused deceived the complainant and received the amount from him. During cross-talks between the parties as observed at page No.14 of the police file, it came on record that they met the said person at Lahore in his office but the investigating officer failed to evaluate and investigate this material aspect of the case vital for the just decision of the case which depicts inefficiency, negligence and misconduct on his part calling for appropriate punitive action against him under intimation to this office. 5. The objection memo in original alongwith case file(police file & challan file) are submitted herewith for your kind perusal and further necessary action for rectification of defects and finalization of investigation in a proper and just manner at the earliest under intimation to this office.


Anti-Corruption Court, GujranwalaNo. & Date Even.




Anti-Corruption Court, Gujranwala

Phone No. 055-9200074. From:



No.____________ Dated_____________

Subject: - DEFECTIVE INVESTIGATION AND DELAYED SUBMISSION OF REPORT U/S 173 CR.P.C IN CASE FIR NO.316/11 DATED 21.06.2011 U/S 409 PPC, PS SADAR, SHAKAR GARH.

Respected Sir,

The subject case was registered on the complaint of Assistant Commissioner, Shakar Garh against Patwari Inayat Ali Kashif for misappropriation of official record. The challan prepared on 12.08.2013 has been submitted in this office for scrutiny after a lapse of about two years. During scrutiny of the challan certain objections were pointed out in the investigation vide recovery memo dated 09.09.2015 copy of which is enclosed herewith for your kind perusal and necessary action please following are the worth mentioning points for your kind perusal and keen notice:

i. As per circumstances leading to the registration of the subject case, the accused Patwari did not hand over the charge to his successor on whose report, the proceedings of lock-breaking took place which was recorded in black and white. The I.O has totally ignored this aspect and did not bother to bring that proceedings on the challan file according to the procedure despite its presence on police file. How can a fact be proved when it is not part of challan file and not presented before the court in accordance with law.

ii. According to the investigation proceedings all the missing record has been produced by present Patwari Faiz Ahmad which is taken into possession by the CO/ACE, Narowal vide recovery memos but in his case diary No.30 dated 05.08.2013, he has mentioned that accused has got recovered the missing record and he would be sent to judicial lock-up. What a material contradiction fatal for the prosecution case? Moreover the record taken into possession by CO has also not been found on the file which needs explanation.

2. In the light of lacunae mentioned above, the submission of challan against the accused before the trial court in its present position is just a futile exercise and wastage of time. The investigation is completely silent that from where and how the missing record came on the surface.3. The matter is brought to your kind notice for taking material steps for the rectification of defects in the investigation and appropriate punitive action against the delinquent Circle Officer, the conduct of defective investigation and keeping the challan pending after its completion for a period of about two years, under intimation to this office.



Copy is forwarded for information and necessary action to:1. The Worthy Prosecutor General, Punjab, Lahore.2. The Honourable Special Judge, Anti-Corruption Gujranwala Division,

Gujranwala.



From:Deputy District Public ProsecutorAnti-Corruption Court, Gujranwala.


No.____________ Dated_____________

Subject: - DEFECTIVE INVESTIGATION AND DELAYED SUBMISSION OF CHALLAN IN CASE FIR NO.10/12 DATED 09.03.2012, U/S 420/468, 471 PPC, 5(2)47 PCA, PS ACE NAROWAL.

Respected Sir,

The subject case was registered on the complainant of Nasar Ullah Khan who alleged therein that accused Shoukat Ali in collusion with his co-accused Patwari Ansar Mehmood got entered his name in the relevant record of Khasra Girdawari through tempering. During Investigation accused were found involved in the commission of offense and challan was prepared against them after approval of judicial action. The challan prepared on 10.06.2012 has been submitted in this office now for scrutiny after a lapse of more than three years. During Scrutiny glaring discrepancies and short coming were observed by this office vide objection memo dated 09.09.2015 (Copy enclosed). Amongst other objections, the following are worth mentioning for your kind perusal and keen notice to ponder upon the ways and means to ensure improvement in the prevailing atmosphere in the Anti-Corruption Establishment:

i. There is a recovery memo present on file vide which the relevant revenue record presented by Patwari Rizwan Tanveer has been stated to be taken into possession. The said recovery memo is without date, not signed by the Patwari who presented the record, the statements of witnesses of recovery proceedings u/s 161 Cr.P.C are without dates and above all there is not a single case diary in the police file even to show the joining the said Patwari in the investigation, What is the value of this recovery memo in the eyes of law and can it be proved in the trial court? The Answer is certainly negative.

ii. It has been repeatedly mentioned during the inquiry and investigation proceedings that tempering is proved but where is the evidence, the whole file is silent. No attempt on record to get expert opinion from PFSA, Lahore regarding tempering. No comparison of handwriting and signatures of the accused Patwari. How can it be said that tempering is proved?

iii. Keeping the challan pending after its compilation for more than three years and the mode and means of conducting investigation by the Circle Office, Narowal speaks volume about his efficiency, interest and sense of responsibility towards the performance of his official duties.

2. The matter is brought to your kind notice for appropriate action against delinquent officer and effective measure to ensure timely submission of challan in this case for its submission before the learned trial court. Hoping prompt action under intimation to this office.







From:The Deputy District Public ProsecutorAnti-Corruption Court, Gujranwala.


No.____________ Dated_____________

Subject: - DEFECTIVE INVESTIGATION AND DELAYED SUBMISSION OF CHALLAN IN CASE FIR NO.39/12 DATED 19.05.2012, U/S 161 PPC, 5(2)47 PCA, PS ACE GUJRANWALA.

Respected Sir,

According to the brief facts of the case titled in the subject, complainant Mazhar Saeed alleged that accused Mukhtar Ahmad, accountant in the office of District Officer (Health), has embezzled millions of rupees in the Health Department. The challan of the case prepared on 07.08.2013 was submitted in this office for scrutiny on 18.08.2015 after a lapse of two years. During scrutiny glaring deficiencies and defects came to surface vide objection memo dated 18.08.2015 copy of which is enclosed for your kind perusal and necessary orders for early and proper rectification of defects. 2. As per Para No.1 to 3 of the objection memo, it needs clarification that on which application and on the basis of which inquiry, the subject FIR was registered. Moreover, original application of the complainant is not found available on record which must be attached with the challan as photo copy is not admissible as evidence in the court of law.3. It is pointed out in the Para Nop.5 of the said memo that the reliance has been made on the inquiry reports but the basic subject matter of the inquiries have not been brought on record properly. During a trial of the case, each and every aspect of the case has to be established through reliable evidence but the I.O failed to realize this important aspect of the case.4. In the above scenario, it is requested that adequate disciplinary action against the delinquent officer responsible for faulty / defective investigation and causing inordinate delay of about two years in the submission challan may be initiated and necessary directions be issued for the rectification of defects in an effective manner without causing further loss of time in the interest of justice. Hoping prompt action under intimation to this office.









No.____________ Dated_____________

Subject: DELAYED SUBMISSION OF CHALLAN IN FIR NO. 393/09 DATED 11.07.2009 U/S-420/468/471-PPC, 5/2/47 PCA PS TATLAY AALI, GUJRANWALA.

Respected Sir,According to the brief facts of the case cited in the subject,

complainant Mst. Shamim Aara alleged that in connection with transport business accused Asmat Ullah etc issued her bogus cheques and in connivance with Halqa Parwari delivered her fake “Fards”. The investigation was transferred to the Anti-Corruption Establishment, and entrusted to CO/ACE, Gujranwala on 30.07.2009. The incomplete challan prepared on 22.02.2013 was submitted in this office for scrutiny on 29.08.2015 after a lapse of about two years and six months during which certain observations were made vide objection memo for the purpose of rectification/explanation. (Copy enclosed). Amongst other objections pointed out in the investigation following are worth mentioning for your keen notice:-

i. The jurisdiction of Anti-Corruption Establishment and the Anti-Corruption Court depends upon the involvement of public servant and in this case despite a lapse of about six years, this issue is yet to resolve whether Patwari Zulfiqar Ali is involved in this case or not. The samples of signatures of accused Patwari named above sent to FSL, Lahore for expert opinion were received back with objections from the said laboratory and found still lying unattended on the file whereas, the concerned Circle Officer while preparing the challan in this case, has written that the complete challan would be submitted after receipt of expert opinion. In other words, no complete challan and no ascertainment of the role of accused Patwari causing further loss of time and resources apparently in a futile exercise.

ii. It is pity to observe that no serious effort to understand and resolve the objections of FSL, Lahore is on record. The objection was simply to send the routine writing and signature of the accused Patwari on the papers of contemporary period which could be rectified just by obtaining few rapts from Roznamcha Waqiati of contemporary period. The negligence on the part of delinquents calls for punitive action by the competent authority under intimation to this office.

iii. The most serious and noticeable aspect of this episode is the commission of fraud and forgery by the CO/ACE Gujranwala himself calling for enquiry and the action under the ACE, rules against him. As per record, in CD No. 44 dated 09-02-2010 written by Shahid Mehmood CO/ACE, Gujranwala, it was mentioned by him that incomplete challan was going to be submitted in the court for trial but the said challan was prepared vide C.D No. 45 dated 22.02.2012 after a lapse of about one year and six months. After preparation of the said challan, it has been submitted in this office on 29.08.2015 after a lapse of about 3.5 years and yet that the needful i.e., its submission before the learned trial court, is hard to visualize in the near future. It has been observed with grave concern that dates written as 22.02.2012 in C.D No. 45 and under the “Detail of Documents” given in the report u/s 173 Cr.P.C have been tempered as 22.02.2013 which is evident from the fact that the date mentioned at the end of column “Brief fact” in the said challan is still 22.02.2012. This aspect of forgery can also be ascertained from the Register No. 21 of the police station pertaining to this case as relevant Road certificate is not present with the file which appears to be removed with malafide intention.2. It is painful to observe that generally an indifferent, non-professional and lethargic attitude towards the performance of official duties is prevailing amongst the officers/officials of the Anti-Corruption Establishment which is astonishingly quite contrary to the demanding vigour and enthusiasm required for a

Special Force only meant for fighting against the menace of corruption rampant in the society. The object of pinpointing the above mentioned conduct / behavior is just an attempt by the undersigned to inculcate the required spirit in the force and requested to be viewed in this positive perspective. The successful prosecution during the trial and adequate conviction of the real culprits by the trial court can definitely create an objective stir in the society but it heavily depends on the responsible and efficient role of the investigating agencies.

Hoping prompt and effective action to ensure improvement in timely submission of reports u/s 173 Cr.P.C after rectification of defects pointed out by this office as well as required action against the delinquent officer under intimation to this office







Phone No. 055-9200074.


To

The Director,Anti-Corruption EstablishmentGujranwala Region, Gujranwala.

No.____________ Dated_____________

Subject: - DEFECTIVE INVESTIGATION AND DELAYED SUBMISSION OF CHALLAN IN CASE FIR NO. 12/14 DATED 04.02.2014 U/S 161PPC, 5/2/47 PCA PS, ACE GUJRANWALA.

Respected Sir,

The subject case was registered on the complaint of Sher Ali who alleged therein that accused Muhammad Zafar Virk, Ex-Assistant in Food Department, received Rs. 1395000/- from him on the pretext of getting employments of 12-persons in different departments. The challan of the case prepared on 28.02.2015 has been submitted in this office for scrutiny after a delay of about six months. During scrutiny certain observations were made vide objection memo dated 28.08.2015 copy of which is enclosed herewith for your kind perusal and ensure steps for early rectification of defects and resubmission of challan for its presentation before the learned trial court.

2. Amongst other objections, it has been observed that Section 161 PPC has been applied in this case whereas the accused himself is not the appointing authority. Moreover, no evidence has been collected during investigation that on whose behalf he received this huge amount. It is further worth mentioning that complainant Sher Ali and one Muhammad Akram, whose cheque amounting Rs. 1400000/- in the name of accused was allegedly delivered to the complainant in lieu of money received by him, are shown as witnesses on an “Iqrar Nama” attached with the challan at pages Nos.17&18. This aspect of the case has not been thrashed out during investigation by the I.O while a direction by the Hon’ble Lahore High court, Lahore to trace out the said Muhammad Akram has also been found on the police file but no fruitful compliance has been visualized yet which requires compliance or some explanation by the I.O in this regard.

3. In this backdrop, it is requested to direct the Circle Officer, ACE, Gujranwala for rectification/explanation of the objections raised by this office as early as possible for submission of challan in the trial court for its judicial verdict.



No. & Date Even.


Gujranwala.2. The Worthy Prosecutor General Punjab, Lahore




ToThe Director,Anti-Corruption EstablishmentGujranwala Region, Gujranwala.

No.____________ Dated_____________

Subject: - DEFECTIVE INVESTIGATION AND DELAYED SUBMISSION OF CHALLAN IN CASE FIR NO. 96/12 DATED 16.10.2012 U/S 161 PPC, 5/2/47 PCA PS, ACE GUJRANWALA.

Respected Sir,

According to the brief facts of the case cited in the subject, accused Ansar Bashir, a Forest Guard, demanded and received Rs 54,000/ from the complainant Mohammad Saleem on the pretext of clearance of medical test of his friend. The challan of the case prepared on 12.08.2013 has been submitted in this office for scrutiny after a delay of about two years calling for adequate punitive action against the delinquent responsible for such a long delay under intimation to this office. During scrutiny certain glaring deficiencies and shortcomings were observed vide objection memo copy of which is enclosed herewith for your kind perusal and further necessary action please. However, following are the aspects of the case worth mentioning for your kind and keen notice please.

i- The investigating officer prepared challan on 12-08-2013 while accused Ansar Bashir was on ad-interim bail and next date of hearing was 29-08-2013.What happened after 12-08-2013,the file is silent completely uptill now.

ii- No attempt is on the card for the arrest of co-accused Mohammad Hanif against whom J/A has been approved but neither the complainant in his application and PWs in their statements u/s 1661 Cr.P.C deposed against him nor there is any other cogent evidence against him. On what ground J/A against accused Mohammad Hanif was approved needs clarification and corroboration from evidence, if any.

iii- When there is no mention of name of friend of the complainant, nature of medical clearance and place from where such clearance was sought then how the prosecution case could be proved during trial in the court of law.

iv- Sec-161-PPC is not attracted in this case as medical clearance does not fall within the ambit of duties of a forest guard from any angle. What are the proper sections of law applicable to this case or even this case comes under the jurisdiction of ACE requires clarification.

2 The matter is being brought into your kind notice for taking effective and cogent steps to ensure improvement in timely submission of report u/s 173 G.PC after rectification/explanation of defects in the investigation pointed out by this office. This will certainly increase the standard of investigation resulting in efficient and effective prosecution of the case in the learned trial court.

Hoping prompt action under intimation to this office.



No. & Date Even.






To

The Director,Anti-Corruption EstablishmentGujranwala Region, Gujranwala.

No.____________ Dated_____________

Subject: - DELAYED SUBMISSION OF CHALLAN AND NON RECTIFICATION OF DEFECTS IN CASE FIR NO. 51/11 DATED 18.11.2011 U/S 420/468, 471 PPC, PS CIVIL LINES GUJRANWALA.

Respected Sir,

As per FIR of the subject case, complainant Nadeem Ahmad Butt alleged that accused Mohammad Akram alias kalu, his co-accused Mst. Zahida Bibi, Mst. Zakia Bibi, both wives of accused Mohammad Akram alias kalu and Mohammad Sabir son of Mohammad Akram alias kalu in connivance with their co-accused Zulfiqar Ahmad Patwari deprived him of his valuable amount of Rs. 12,00,000/ on the pretext of handing him over two shops owned by his wives. The incomplete challan of the case prepared on 19.11.13 was submitted in this office on 09.07.14 which was returned back to the CO/ACE, Gujranwala for rectification of defects.2 Its is a matter of grave concern that the said challan was re-submitted in this office on 31.08.15 after a lapse of about one year and that too without any rectification of defects which depicts complete negligence and ignorance of CO/ACE, Gujranwala towards the performance of his official duties calling for suitable action against him under intimation to his office.3 Furthermore, it has been observed that there is sufficient incriminating evidence on record against Mohammad Akram alias kalu, Mst. Zahida Bibi, Mst. Zakia Bibi and Mohammad Sabir but J/A has only been approved against Mohammad Zulfiqar Patwari which needs clarification for proper presentation and prosecution of the case in the learned trial court.4 It is, therefore, requested that the case file be summoned from the CO/ACE, Gujranwala to whom the same has been returned for rectification of defects at the earliest for doing the needful as the case has already been delayed too much.



No. & Date Even.





Phone No. 055-9200074. From:

The Deputy District Public ProsecutorAnti-Corruption Court, Gujranwala.

To

The Honourable Prosecutor General,Punjab, Lahore.

(Attention Mr. Jamil-Ud-Din, learned Law Officer)

No.___________ Dated_____________

Subject: - MONTHLY DIARIES OF THE ANTI-CORRUPTION COURT, GUJRANWALA FROM THE MONTH OF JANUARY 2015 TO AUGUST 2015.

Respected Sir,

Kindly refer to the telephonic message received from

your good office pertaining to the subject cited above.

2. The requisite monthly diaries w.e.f January 2015 to

August 2015 are enclosed herewith for your kind perusal and further

order please.



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