1990 P Cr (PLP)
FAQIR MUHAMMAD — Petitioner Versus DISTRICT MAGISTRATE,
| Citation | 1990 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | FAQIR MUHAMMAD — Petitioner Versus DISTRICT MAGISTRATE, |
Q1: What are the key laws and sections cited in 1990 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 P Cr (PLP) (FAQIR MUHAMMAD — Petitioner Versus DISTRICT MAGISTRATE,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ch. Khurshid Ahmad for Petitioner.
Headnotes / Summary
S. 144
Scope
To imagine that there would be a breach of peace over the price of beverages was a far-fetched thought which could not justify an order under S.144, Cr.P.C. fixing price of beverages
Impugned order passed by District Magistrate was thus set aside.
Judgment & Decree
This revision petition is directed against the order of the District Magistrate, Gujranwala fixing the price of beverages for the reason that the prices were beyond the purchasing power of the public and it is likely to result in disturbance of public peace, tranquillity and maintenance of good order, therefore, in the exercise of his powers conferred on him by section 144, Cr.P.C. he directed the price of beverages specified in the list mentioned in the order should not be more than Rs.1.25 per bottle.
2. Learned counsel for the petitioner contended that such an order was not contemplated by section 144, Cr.P.C. In this regard he has placed reliance on Mumtaz Ali Shah v: State 1976 P Cr. L J
702. In the cited case the District Magistrate had fixed the price of vegetable ghee. Quashing the order it was held that the provisions of section 144 could only be resorted to for immediate prevention or speedy remedy in such situation or emergency as referred to in that section and there being no such circumstances present order of District Magistrate regulating price of vegetable ghee was ultra vires his powers.
3. In the instant case to imagine that there would be a breach of peace over the price of beverages is rather a far-fetched thought which cannot be justified by an order under section 144, Cr.P.C. fixing the price of beverages. This petition is therefore, accepted and the impugned order is set aside. N.H.Q./F-179/L Revision petition accepted