Law:

Section:

Khyber Pakhtunkhwa Fertilizer Control Act (VI of 1999)--- ----Ss. 20(a), (b)(c) & 24---Penal Code (XLV of 1860), Ss. 419 & 420---Criminal Procedure Code (V of 1898), S. 561-A---Cheating by personation, cheating and dishonestly inducing delivery of property---Quashment of proceedings---Scope---Agriculture Inspector raided a basement and had recovered fake fertilizer and a case was registered against the petitioner and others and the basement with fertilizer was sealed---Petitioner (landlord of the basement) moved application to Judicial Magistrate for de-sealing of premises and shifting of fertilizer therefrom, which was dismissed---Petitioner had filed revision petition, which was also dismissed---Validity---Record showed that petitioner was not involved in storing, selling or manufacturing of fake fertilizer nor he had been made accused in the present case---No previous history of petitioner's involvement and indulgence in such like matters was available---Record revealed that main accused had been released on bail and the complainant had not sought for the cancellation of his bail---Fertilizer Inspector could either store the recovered fertilizer in the same building or place or to remove it to any other place---Petitioner was not involved in any manner with the fake fertilizer and he had only rented out the basement to the main accused in the case---To keep the seized fertilizer for indefinite period in the said premises was highly unjustified---Fertilizer Inspector had deprived the petitioner from lawful use of his property as he had no power and authority to seal the premises under the relevant law---Circumstances established that findings rendered by both the courts below were not based on proper appreciation of material available on record of the case, thus warranted interference---Constitutional petition was allowed accordingly. THIS JUDGMENT DELIVERED BY: SYED MUHAMAMD ATTIQUE SHAH, JUSTICE:---.--- Through instant petition under section 561-A, Cr.P.C., petitioner, Ahmad Shah, is seeking quashment of order dated 29.05.2017 vide which the revision petition filed by petitioner for de-sealing of shop was dismissed by Additional Sessions Judge-V,…

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