Case Details

Citation(s)
2001 SLG 2400 2001 SLD 2400 2001 CLC 608
Lahore High Court
Writ Petition No. 16336 of 2000, heard on 20-11-2000
IFTIKHAR HUSSAIN CHAUDHRY, J
Muhammad Tahir Chaudhry for Petitioners. Salma Malik, A.A.G. for the State

MAHMOOD AKRAM and others

VS

GOVERNMENT OF PAKISTAN and others

Law:

Section:

(a) Jurisprudence----- Law of land---Object---Law of land exists for the betterment of society and for curbing the evils in the society---Law has to be interpreted, enforced and applied in order to obviate any illegal activity and cannot be permitted to be stretched in favour of wily or the tricky---Government is under obligation and has right to curb any illegal economic activity---Constitution or the precedent does not provide any protection to a business or trade which inherently is illegal, unlawful or injurious to public at large. (b) Prize Bonds Rules, 1999--- ----S. 2---Prize bonds, sale of---Prize Bonds can be purchased and sold at its face value by State Bank of Pakistan or authorized banks only or National Savings Centres. (c) Public Debt Act (XVHI of 1944)--- ----Ss. 4 & 5---Prize Bonds Rules, 1999, R.2---Prize Bonds, trading of--­Prize Bonds are issued under the provisions of Public Debt Act, 1944, and are Federal Government security as such the prize bonds are as good as money and their trading is fully regularized by the State Bank of Pakistan under the Prize Bonds Rules, 1999. (d) Prize Bonds Rules, 1999--- ----R. 2---Prize Bonds---Fractional sale---Neither any dealer was permitted to sell the prize bonds nor the fractional sale or purchase of prize bond was permissible. (e) Prize Bonds Rules, 1999--- ----R. 2---Prize bonds, sale and purchase of---Commission, charging of--­Validity---Neither commission can be charged nor any business activity was permissible under the Rules. (f) Prize Bonds Rules, 1999-- ----R. 2---Penal Code (XLV of 1860), S.420---Prevention of Gambling Act (XII of 1977), Preamble---Constitution of Pakistan (1973), Art.199--­Government of Punjab Circular No.SO(CB&A)1-9/99, dated 19-4-1999--­Constitutional petition ---Prize bonds, trading of---Chit system---Petitioner was involved in sale of only prize bond numbers commonly known as "Parchi (Chit) System"---Government of Punjab issued a circular whereby the system was declared as an act of gambling---Validity---Such trade was illegal and unauthorized; rather, the business was intrinsically criminal--­Petitioner or others doing the business could be prosecuted for…
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