1980 PLP 151 (PCRLJ)

Abdul Sattar Shaikh, A. A.‑G. for the State. Date of hearing : 13th August, 1979. The applicants have prayed for quashment of case pending against them under section 7/10 of the Price Control Act, 1977 and section 6 of the Foodstuff Act in the Court of S. D. M., Badeen. These applicants were apprehended on 28th May, 1.979 at 18‑45 hours on Badeen Talhar Road for carrying 130 bags of Sugar in a Truck and a Van. The challan has also been presented. The basis of the allegation is that movement of Sugar in Province of Sind is banned except on permit by the Provincial Government. Counsel for the petitioner states that 130 bags of Sugar belong to the growers and there is no restriction on the movement of growers' quota of sugar in the Province of Sind. Counsel has brought a newspaper showing that in respect of these very bags that were recovered the Food Department of the Government of Sind has contradicted same and clearly stated that these 130 bass of Sugar belong to the quota of growers who had sent the same to Karachi and could also sell the same. The counsel placed on record the said Newspaper. Not only this the Government of Sind further verified the position in this regard and have issued a letter on 10th July; 1979 signed by Syed Ihsanah Shah, Section Officer Food‑II‑Government of Sind bearing No. SOF‑11‑10 (155)/78‑

79. The same reads as under, and is addressed to Abdul Majeed, Farzand Ali and Hasan Ali Khoja applicant No. 4. "Subject : Sugar of Grower's Quota I am directed to refer to your joint petition dated 3rd July, 1979 on the above subject and to state that the sugar stocks in question are of a share of growers as their quota which was supplied to you officially by the sugar mill concerned under the sugar policy. This department's stocks are not involved in this case. There are no restrictions on the movement and sale of the sugar growers quota within this Province of Sind. Hence this department's rues do not apply to your case in question. This Department has already clarified this matter in the local Newspapers of 4th and 5th June (Copy supplied by you) that the news reports in some papers about smuggling of 130 bags of sugar by truck to Karachi and taking over these stocks by Food Department are baseless. This sugar belonged to sugar‑cane growers as their growers .quota which was being brought for sale to Karachi by the cane growers. This sugar in fact was the share of grower's quota of sugar for which they had the right to sell it. So far your request for withdrawal of the case filed by the police in the Court of the Sub‑Divisional Magistrate Badin and return of this sugar to you is concerned, the rights and interest of the sugar?cane growers are being dealt with and safeguarded by the Cane Commissioner and the Additional Cane Commissioners. You are accordingly advised to approach the Deputy Commissioner, Badin who is also the Additional Cane Commissioner for withdrawal of the case from the above Court and returning the sugar stocks to you in question to which this Department does not have any objection." In view of this letter by the Government the prosecution of the appellant seems to be completely futile. The learned A. G. Mr. Abdul Sattar Shaikh was directed by this Court to ascertain from the Government if the above letter was in fact authorisedly issued by the Government. Mr. Abdul Sattar Shaikh has made the statement before me that this letter is duly authorised. He has therefore . not opposed the quashment application. The applicant has filed numerous Sugar permits which have been issued to the growers by various Sugar Mills for different bags of Sugar: These 130 bags of Sugar are therefore covered by these permits and therefore they could be legitimately carried by the growers and could be sold by them in any place in the province of Sind including Karachi. The applicants have therefore not committed any offence by carrying 130 bags of Sugar on behalf of the growers. The proceedings are therefore quashed and the A prosecution is directed to return to the applicants 130 bags of sugar which were seized. The bail bonds furnished by the applicants are hereby discharged and the accused are released. Money which had been recovered by the police from the possession of the applicants would be restored to them. Proceedings quashed,