Law: Prohibition of Smoking and Protection of Non-Smokers Health Ordinance, 2002

Section: 2(c)(g),5,11

Law: Constitution of Pakistan, 1973

Section: 18

Law: Criminal Procedure Code (V of 1898)

Section: 144(6)

Prohibition of Smoking and Protection of Non-Smokers Health Ordinance (LXXIV of 2002)-- ----Ss. 2(c)(g), 5 & 11---Criminal Procedure Code (V of 1898), S.144(6)---Constitution of Pakistan, Art. 18---Sheesha smoking, serving of---Restraining order---Right of free trade---Petitioner was running a restaurant and his grievance was that authorities were interfering in his lawful business--- Validity---Offering of sheesha smoking in restaurant by petitioner was contrary to the provisions of Prohibition of Smoking and Protection of Non-Smokers Health Ordinance, 2002---Legal import of tobacco would bring no change nor could entitle petitioner for its use in the referred place---Restraining order was issued by government of Balochistan in exercise of powers available under S.144(6), Cr.P.C., which had specifically empowered provincial government to make an order to such effect---Petitioner failed to point out any illegality committed by provincial government in issuance of order in question---Petitioner failed to establish that any of his fundamental rights was denied by issuance of restraining order passed by authorities---Petitioner was citizen of Pakistan who had the right to enter in any profession or occupation or to conduct any trade or business but provisions of the Art.18 of the Constitution specifically spelt the nature of profession, occupation, trade and business as lawful which was missing---High Court declined to interfere in the matter-- Constitutional petition was dismissed in circumstances. JUDGMENT MRS. SYEDA TAHIRA SAFDAR, JUSTICE...........The petitioner Hamayun Shah filed the instant petition for issuance of a writ for a right to enter upon lawful profession or occupation, and conduct lawful trade and business as ensured by Article 18 of the Constitution of Pakistan. 2. It was his case that he was running a restaurant at upper floor of Eman Shopping Center at Prince Road, Quetta; through this lawful business he provided entertainment and recreation to the general public. It was further his case that in pursuance to the order dated 18th August, 2014 of the Government of Balocliistan, Home and Tribal Affairs Department, a raid was conducted at his…

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