1995 P Cr (PLP)
MUHAMMAD HUSSAIN — Petitioner Versus S.H.O., POLICE STATION, CITY NANKANA SAHIB, DISTRICT SHEIKHUPURA — Respondent
| Citation | 1995 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD HUSSAIN — Petitioner Versus S.H.O., POLICE STATION, CITY NANKANA SAHIB, DISTRICT SHEIKHUPURA — Respondent |
Q1: What are the key laws and sections cited in 1995 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 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: 1995 P Cr (PLP) (MUHAMMAD HUSSAIN — Petitioner Versus S.H.O., POLICE STATION, CITY NANKANA SAHIB, DISTRICT SHEIKHUPURA — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Dilawar Mahmood Mian for Petitioner.
Headnotes / Summary
S. 482/485/486
Constitution of Pakistan (1973), Art.199
Quashing of Qalandra
Wrapper of the bath soap prepared by accused, being different in colour, brand, writing, weight and photograph than that of the bath soap of the complainant, had no resemblance with the same
Accused had also been granted a certificate of Registration of Copyright by the Registrar concerned raising a presumption in his favour of absence of any resemblance between the two wrappers
Provisions of S. 482/485/486, P.P.C., therefore, were not attracted in the case and preparation of Qalandra by the police amounted to abuse of powers
Qalandra prepared under S. 482/485/486, P.P.C. was quashed accordingly.
Judgment & Decree
S. 482/485/486
Constitution of Pakistan (1973), Art.199
Quashing of Qalandra
Wrapper of the bath soap prepared by accused, being different in colour, brand, writing, weight and photograph than that of the bath soap of the complainant, had no resemblance with the same
Accused had also been granted a certificate of Registration of Copyright by the Registrar concerned raising a presumption in his favour of absence of any resemblance between the two wrappers
Provisions of S. 482/485/486, P.P.C., therefore, were not attracted in the case and preparation of Qalandra by the police amounted to abuse of powers
Qalandra prepared under S. 482/485/486, P.P.C. was quashed accordingly. Dilawar Mahmood Mian for Petitioner. Muhammad Hussain, sole proprietor of National bath soap has filed this petition for quashment of Qalandra prepared under sections 482/485 and 486, P.P.C. on the complaint of Qamar Zaman, Legal Adviser of Messrs Lever Brothers by the Police of Police Station City, Nankana Sahib.
2. Respondent No.1, S.H.O. is present. A naked eye look of Annexure "B", wrapper of National bath soap leaves no room for any doubt that it has any' resemblance with Annexure "D", the wrapper of lifebuoy soap (complainant)., There is difference of colour, brand, writing, weight and photograph. Further, the petitioner has been granted a Certificate of Registration of copyright by the Registrar of Copyright, Government of Pakistan and as such it would be presumed that the Authority issuing the Certificate had satisfied that the wrapper of the soap prepared by the petitioner has no resemblance with the wrapper of lifebuoy soap: In view of the above, I am of the view that the provisions of sections 482/485 and 486, P.P.C. are not at all attracted to' the facts and circumstances of the case and preparation of Qalandra by the police amounts to sheer abuse of powers. The same are, therefore, quashed. However, taking a lenient view of the matter, the parties are left to bear their own costs. N.H.Q./M-2187/L Qalandra quashed.