1983 P Cr (PLP)

2. The allegation against the petitioner, who is a cement stockist ap pointed by the State Cement Corporation of Pakistan, is that he managed to receive 80 bags of cement from Dandoot Cement Company Limited, District Jhelum by Bilty No. 208, dated 20-3-1983, through truck No. SLA-8512. It is further alleged that from the record of the petitioner produced by him at the time of raid, it was found that he received 80 bags of cement after making necessary entries in the stock register on 22-3-1983, sold the same on 23-3-1983, and 24-3-1983, respectively, without prior permission of the Magistrate Incharge, which was subsequently obtained on 26-3-1983 in violation of paragraph 4 of the order dated 11-8-1981, passed by the Deputy Commissioner, Faisalabad, in exercise of powers under sec tion 3 of the Punjab Essential Articles (Control) Act, 1973, read with notifica tion No. SO(EAB)4-9/75, dated 10-4-1975. Paragraphs 4 and 5 of the said order are relevant in the context of the present order, which read thus. "

4. No stockist/dealer shall lift his stocks from the Railway Goods Store except with the written permission of the Magistrate authorised in this behalf

8. Every Depot Incharge shall furnish information in respect of his receipts/sales and stocks daily to the Magistrate Incharge in the following form :

Date. Opening Balance Receipt Disposal Balance".

3. Learned counsel for the petitioner contends :-- (a) Lifting of cement through truck from Dandoot Cement Co. without prior permission of the Magistrate is not violative of paragraph 4 of the order dated 16th August, 1981, issued by the Deputy Commis sioner, Faisalabad, under section 3 of the Punjab Essential Articles (Control) Act, 1973, inasmuch as, the written permission of the Magis trate was required only in case a dealer or a stockist lifts his stocks from the Railway Goods Store ; (b) No interpolation was made in the stock register. The entries were merely corrected under the signatures of the petitioner and, therefore, no offence has been committed by doing so under the provisions of sections 420, 468 and 471, Pakistan Penal Code ; (c) That in any case, the Deputy Commissioner, Faisalabad, had no jurisdiction to ask the Chairman of the State Cement Corporation, Lahore, to suspend the dealership of the petitioner on the ground that he allegedly violated the aforesaid order ; (d) The petitioner has been furnishing information daily in respect of the receipts, sales and stocks to the Magistrate Incharge in the prescribed form and has not contravened either the provisions of the aforesaid Order or any other provision of law and (e) The prosecution is wholly without jurisdiction.

4. A bare perusal of paragraph 4 of the said order would show that written permission of the concerned Magistrate is required only when a stockist/dealer lifts his stock from the Railway Goods Store. In the instant case, the goods were admittedly not lifted from the Railway (3onds Store and therefore, the petitioner cannot be prosecuted for not obtaining the permission of the Magistrate in this behalf. The allegation of interpolation in the stock register is not proved on record. The daily information sent by the petitioner regarding the sale and receipt of stock tally with the record maintained by the Incharge Magistrate, who has also made statement in the Court that the report against the petitioner was lodged due to error and the allegations against him are not substantiated by record. I am also inclined to take the same view after carefully considering that entire relevant record, that the peti tioner is not guilty of any offence. In view of the above, the registration of case against the petitioner vide F. I. R. No. 190 of 1983 under sections 420, 468 and 471; Pakistan Penal Code, with Police Station, Peoples Colony, Faisalabad, is hereby declared as without lawful authority and of no legal effect. Consequently, the order dated 10-5-1983 of the Deputy Commissioner, Faisalabad, for suspending the dealership of the petitioner in consequence of registration of case against him, as well as, the suspension order passed by the State Cement Corpora tion of Pakistan Limited vide No. MKT/A/FD/23/82-83/16432, dated 19-5-1983, are hereby declared as without lawful authority and of no legal effect. The writ petition is accepted with no order as to costs. M. Y. H. Petition accepted.