Law: Punjab Foodstuffs (Control) Act, 1958

Section: 3,4

Law: Constitution of Pakistan, 1973

Section: 18

Punjab Foodstuffs (Control) Act, (W.P. Act XX of 1958)--- ----Ss. 3 & 4---Constitution of Pakistan, Art. 18---Transportation of food stuff without permission/permit---Prosecution case was that 100-bags of flour were transported by the accused-petitioner without any permission/permit---Accused-petitioner admitted the charge and was convicted---Revision petition of accused against conviction was dismissed---Accused contended that Art. 18 of the Constitution provided protection of right of freedom of trade and business and said right of petitioner had been infringed---Record showed that petitioner had not challenged the conviction through appeal but challenged the order of conviction on the ground that while recording his confessional statement, procedural requirements were not followed---Validity---Order of conviction was passed on the basis of confession made by the petitioner, therefore non-compliance of the provision, if any would not in any case prejudice the case of the petitioner---Freedom of trade and business was always subject to certain conditions/ qualifications---Licensing and regulation of trade had been provided in Art. 18 of the Constitution, therefore, no provision of Constitution had been violated in the present case---Accused was not entitled to transfer the food stuff without a valid permit from the competent Authority---Constitutional petition was dismissed in circumstances. 2007 MLD 1994 ref. THIS JUDGMENT DELIVERED BY: MUDASSIR KHALID ABBASI, J.--- Through this writ petition, orders dated 30.6.2008 and 10.6.2009 passed by respondents Nos.2 and 3, respectively have been challenged. 2. Factual background of this case is that on 24.6.2008 Vehicle No.KTS-337 was intercepted by the officials of the Food Department Punjab in the area of Sakhi Sarwar, Multan. 100-bags of flour and 205 bags of cornstarch were loaded on the said vehicle whereas the permit/permission produced was only to the extent of 205-bags of cornstarch whereas the remaining 100-bags of flour were transported without any permission/permit. Upon the complaint by the Food Department, FIR No.105/2008 under sections 3 and 4 of the Foodstuffs (Control) Act, 1958 was registered…

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