Law: West Pakistan Foodstuffs (Control) Act, (XX of 1958)

Section: 6

  West Pakistan Foodstuffs (Control) Act (XX of 1958), ---S. 6(2) and West Pakistan Supplementary Paddy and Rice Control Order, 1958, S. 3-Employment of vehicle for transporting foodstuff banned under Act-Forfeiture o) vehicle carrying banned foodstuff Petitioner (owner of vehicle) not sent up by Police for trial either as being directly involved in using vehicle for illegal transport of food stuff from controlled area to another controlled area nor posted with necessary knowledge or belief that through employment of his vehicle such a contravention was being committed-Confiscation of vehicle, in circumstances, held, illegal and without jurisdiction-Order set aside. From the provision of section 6(2) of the West Pakistan Foodstffus (Control) Act, 1958 it is clear that in order to justify the forfeiture of the vehicle three legal requirements had to be fulfilled; firstly, that the vehicle should be established to have been used in 'the transportation of rice in contravention of the law; secondly, that the impugned carrying should form a part of the transaction involving the contravention; and thirdly, that the owner of the vehicle should have the knowledge or reason to believe that a contravention was being so committed through the employment of his vehicle. When these three legal requirements are satisfied, two consequences would flow there from; firstly, the owner even though not personally present at the spot or being directly involved in the illegal transport of rice would be notionally deemed to have committed an offence and would be liable under subsection (1) of section 6; secondly, in addition to this punishment his vehicle would also be liable to forfeiture. Saeed Khan v. The State P L D 1962 Lah. 122 rel. Date of hearing: 22nd July [969, ORDER         A Truck No. LEE 8359 belongirn to Mohd. Nawaz 'v. petitioner, has been allegedly involved in the transport of 90 bags State r of Basmati rice from Khankah Dogran Distt. Sheikhupura to M. A. Sukheki District Gujranwala, in violation of the provisions contained in section 3 of West Pakistan Supplementary Paddy and Rice Control Order, 1958, which is made…