Law:

Section:

Agricultural Produce Markets Act (V of 1939)--- ----Ss. 6(1), 19 & 26---Agriculture Produce Markets Rules, 1940, Rr. 29 & 30---Criminal Procedure Code (V of 1898), S. 561 A---Sale and purchase of agricultural produce---Market fee, payment of---Quashment of proceedings Prosecution case was that accused/petitioner was conducting sale and purchase of agriculture produce---Accused/petitioner was bound to keep his license up-to-date, keep record of his sale/purchase in a prescribed form, submit his daily transaction of sale/purchase in prescribed form to Market Committee and pay market fee, but he failed to do so thus, was charged---Contention of petitioner was that Agricultural Produce Markets Act, 1939 had been repealed and impugned notifications were not enforceable---Validity---Agricultural Produce Markets Act, 1939 had been repealed by Sindh Wholesale Agricultural Produce Markets (Development and Regulation) Act, 2010 but statutory functions had not been transferred to Market Committees by the Markets notified under Agricultural Produce Markets Act, 1939---Government and Committees were still operating and exercising all the powers under the said Act---Record transpired that petitioner had failed to make payment with regard to the license/renewal of license and payment of market fee---Petitioner was hiding himself from paying to Government exchequer of valid duty levied for obtaining/renewal of license fee as well---Circumstances established that there was no force in the assertions raised by the petitioner in his application under S.561-A, Cr.P.C. for quashing of proceedings while was dismissed. PLD 2015 Sindh 382; PLJ 2015 Cr.C. 748; 2003 YLR 533; 2006 PCr.LJ 476; PLD 2016 Sindh 201 and SBLR 2015 SC 267 ref. PLD 2016 SC 55 and Bashir Ahmed v. Zafarul Islam PLD 2004 SC 298 rel. THIS ORDER PASSED BY: AFTAB AHMED GORAR, J.--- The instant Criminal Miscellaneous Application is directed against the order passed by the Court of learned IV-Judicial Magistrate Malir Karachi; by invoking constitutional jurisdiction of this Court as is envisaged under section 561-A, Cr.P.C. The said miscellaneous application has been filed by the Applicant / accused / Proprietor…

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