Law:

Section:

Keywords: Result: QALANDAR ALI KHAN, J:- Fiaz son of Gul Zaman, petitioner, has assailed order under section 3(1) of the West Pakistan Maintenance of Public Order Ordinance, 1960, by way of the instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, whereby, the Deputy Commissioner, Mansehra (respondent No.2) issued the impugned order with regard to detention and confinement of the petitioner in Central Jail, Haripur, for a period of thirty days from the date of arrest on the ground of his involvement in timber smuggling and thereby posing threat to law and order and also acting in a manner which was prejudicial to the public safety and maintenance of peaceful atmosphere in Agror Tanawal Forest Division. The impugned order would show that the same was issued on the basis of report of the Divisional Forest Officer, Agror Tanawal Forest Division, Oghi (respondent No.3), who in his letter dated 05.05.2016 reported that the petitioner was a chronic timber smuggler and was not refraining from his illegal practices despite repeated complaints in the Court and perpetual warrants against him. 2. Since serious questions about the freedom and liberty of the petitioner were raised in the writ petition, the learned Additional Advocate General, present in Court in other cases, was put on notice, who accepted the notice and produced SHO Police Station Phulra, Mansehra, who stated at the bar that there was no criminal record in the police station showing involvement of the petitioner in activities prejudicial to law and order in the area and that the impugned order under section 3 MPO was not issued on the report of local police. Anyhow, the record of…

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