1985 PLP r (PCRLJ)
MUHAMMAD AMIN and another Petitioners Versus MUHAMMAD MUMTAZ ALI QURESHI, A.C.
| Citation | 1985 PLP r (PCRLJ) |
| Forum / Court | Lahore |
| Bench Members | Mazharul Haq, J |
| Parties | MUHAMMAD AMIN and another Petitioners Versus MUHAMMAD MUMTAZ ALI QURESHI, A.C. |
| Primary Law | Punjab Essential Articles (Control) Act (XVII of 1973)‑‑ |
Q1: What are the key laws and sections cited in 1985 PLP r (PCRLJ)?
This judgment primarily cites: Punjab Essential Articles (Control) Act (XVII of 1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1985 PLP r (PCRLJ)?
The case was heard and decided by the Lahore bench comprising: Mazharul Haq, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1985 PLP r (PCRLJ) (MUHAMMAD AMIN and another Petitioners Versus MUHAMMAD MUMTAZ ALI QURESHI, A.C.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Saeed Hassan for Petitioners.
- Hamid Yusuf for Respondent No. 4.
- Ijaz Ali Sabzwari for Respondent No. 5.
Headnotes / Summary
‑‑‑‑Ss. 3 & 6‑‑Stock maintenance‑‑Cement‑‑Accused found in possession of cement bags with less weight than usual and it was inferred by authorities that accused was making extra cement bags than number of bags he had received‑‑Held, mere fact that bags lying in stock were of less weight would per se not constitute an offence unless there was a comparison of stock with stock register‑‑Proceedings against accused quashed in circumstances. Khalil Ramday, Addl. A.‑G. and Altaf Muhammad Khan for the State.
Judgment & Decree
Malik Saeed Hassan for Petitioners. Hamid Yusuf for Respondent No.
4. Ijaz Ali Sabzwari for Respondent No.
5. Khalil Ramday, Addl. A.‑G. and Altaf Muhammad Khan for the State. This is the writ petition of Muhammad Amin and Ch. Muhammad Yousaf, petitioner /cement stockists against (i) S.H.O., Police Station City Sialkot, (ii) The Chairman State Cement Corporation of Pakistan, and (iii) The General Manager, Gharibwal Cement Factory, praying for the quashment of the proceedings against him under the Punjab Essential Articles Control Act, 1973. The case was investigated by respondent No.
3. Further that in consequence of the criminal case, respondents Nos. 4 and 5 have issued a show‑cause notice as to why the supply of cement to the petitioners be not cancelled.
2. Resisting the application. it was contended on behalf of respondents Nos. 4 and 5 that a writ petition was not competent because the answering respondents are acting under the stockist ship agreement which was freely entered by the petitioners with respondent No.
4. On behalf of respondent No.3 it was contended that the case has since been sent to Court.
3. The facts which led to the action in this case are that on 10‑7‑1983, upon secret information, that petitioners were selling less cement in cement bag a raid party constituted headed by Mr. Muhammad Mumtaz Ali Qureshi, Magistrate 1st Class, Sialkot. The raiding party checked the cement stocks lying in the godown of the petitioners and found about 40 to 50 bags weighing approximately 32 to 34 killograms each and a sealed bag containing 50 kilograms cement. Out of the cement bags which contained less cement, one bag weighing 34 kilograms was taken into possession. It was, therefore, inferred that the petitioner, was making extra cement bags than the number of cement bags he had received.
4. The mere fact that the bags were lying in the stock were of less weight would per se not constitute an offence, unless there is a comparison of the stock with the stock register. Moreover only one bag is alleged to have take into possession out of the whole stock. This petition is accepted and the proceedings against the petitioners are quashed. There shall be no order as to costs. M.Y.H. Petition accepted