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SYED ABDUR REHMAN, J: --This is an apeal under section 417, Cr.P.C. challenging the order passed by the SDM/Asstt. Commissioner (Harbour) Karachi, dated 25-3-1987, acquitting the respondent, Nusratullah under section 249-A, Cr.P.C.

2.                 The facts forming the background of this appeal are that on 16-1-1986 M/s. National Fisheries (Pakistan) approached the Marine Fisheries Department and requested permission for sailing of fishing trawler Dao Wong-209 (EZP-20) in the Exclusive Economic Zone of Pakistan for the purposes of fishing. The department accordingly granted no objection to the said company with certain terms and conditions, inter alia imposing a restriction to the effect that the fishing will be conducted only beyond 35 miles from Sindh Coast and strictly in accordance with the fishing plan submitted by it. Such an agreement was executed and signed by respondent Nusratullah on behalf of the said company claiming to be its Managing Director. The department deputed its representative Zafarul Hassan, Inspector, to accompany the fishing trawler during its sail period. On 23-2-1986 it was brought to the notice of the department by the Pakistan Navy that the said trawler was found fishing within 35 miles of the Coast in position 2456-N and 6545-E i.e., 28 miles from the Coast, on 18-2-1986. It was further indicated by Pakistan Navy that the trawler had been operating in the same area for the last three days preceding 18-2-1986. On receipt of complaint the department immediately directed the company to stop fishing operation and call back the said vessel immediately for further investigation. Inspector Zafarul Hassan submitted his cruise report on 1-3-1986 according to which fish weighing 166.3 metric tons was caught by the trawler. Inquiries were made from the local fishermen on board vessel Dao Wong-209 and further information was obtained from Pakistan Navy. The Marine Fisheries Department not being satisfied with the explanation given by the Skipper of vessel, filed a complaint under sections 3, 6, 8 and 9 of the Exclusive Fisheries Zone (Regulation of Fishing) Act, 1975, in the Court of SDM/Asstt. Commissioner (Harbour) Karachi.