Law:

Section:

(a) West Pakistan Foodstuffs (Control) Ordinance (1 of 1957)-- Cl. (3) read with West Pakistan Foodgrains (Licensing Control) Order, 1957, cls. 2(xii) & 5-Licence-Producer of foodgrains­. Exempted from obtaining licence for sale, or storage for sale, of food­-grains, produced by him-Producer, however, prohibited to possess more han "normal quantity" of foodgrains. (b) West Pakistan Foodgrains (Licensing Control) Order, 1957- --- Cls. (6) & (7)-Fortnightly statement of stock position--Producers holding stocks in excess of "normal quantity"-Bound to submit regular statements of receipts and deliveries of foodgrains-Licens­ing authority empowered to call upon holders of excess stock to declare and sell their stocks at fixed prices to certain persons in pre­scribed manner. (c) Criminal Procedure Code (V of 1898)- -- S. 561-A-Quashment of proceedings-Inherent jurisdiction of High Court under S. 561-A-Neither alternative nor additional ­To be rarely invoked only in interests of justice for redress of griev­ances having no other procedure for redress-Provision of section­ Not to be used to obstruct or divest ordinary course of criminal pro­cedure -[Quashment of proceedings]. Ghulam Muhammad v. Muzammal Khan and 4 others P L D 1967 S C 317 ; Shahnaz Begum v. Hon'ble Judges of the High Court of Sind & ,Baluchistan and another P L D 1971 S C 677 ref. Sh. Maqbul Ahmed, Advocate Supreme Court for Appellant. Nemo for Respondents. Date of hearing : 2nd March 1976. JUDGMENT MUHAMMAD AFZAL CHEEMA, J.-Khawaja Fazal Karim appellant in this -:appeal is the Manager of a Farm, known as Muhammad Anwar Model Farm, Chak No. 125/G. B., Tehsil Jaranwala. District Lyallpur. The area .under the Farm is about 15 squares and is stated to be owned by different .-persons. On 24-6-1974, on receipt of information regarding storage of excess stock of wheat in contravention of the West Pakistan Foodstuffs (Control) Act, Tehsildar Jaranwala raided the Farm with a Police party and seized 2197 maunds and 15 seers of wheat from the godown of the Farm for which the appellant failed to produce a licence. Accordingly on the report of the Tehsi(dar, a case under sections 3 and 6 of the West…

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