Case Details

Citation(s)
1963 SLG 3423 = 1963 SLD 3423 = 1963 PLD 292
Lahore High Court
  Criminal Revision No. 577 of 1961, decided on 12th February 1963.  
Presented By: Muhammad Yaqub Ali and Shakirullah Jan, JJ
  Ghazanfar Ali Gondal for Petitioner.   Ata Ullah Sajjad A. A.-G. for
Respondent.   Dates of hearing : 16th and 17th January 1963.

  ABDUL MAJID-Petitioner  

VERSUS

  THE STATE-Respondent

Law:

Section:

West Pakistan Foodstuffs (Control) Act (XX of 1958)------   ----S. 3 (2) (c)-Word "use"-Meaning-Processing paddy into rice-" Use " of foodstuff within scope of S. 3 (2) (c)-West Pakistan Supplementary Paddy and Rice (Control) Order, 1958 within ambit of Act-West Pakistan Supplementary Paddy and Rice (Control) Order, 1958, S. 11 (a).   A New English Dictionary of Historical Principles, Vol. X, p. 1 ref.   British Motor Syndicate, Ltd. v. Taylor & Son 1 Ch. D 577 and Messrs Saadat Factory v. The Chairman, Municipal Committee, Dera Ghazi Khan Writ Petition No. 42 of 1961 rel. JUDGMENT   SHAKIRULLAH JAN, J.-Abdul Majid son of Muhammad Azeem, caste Rajput Bhatti, aged about 27 years, resident of Fateh Rehan, Police Station Shahdara, District Sheikhupura, was convicted under section 11 (a) read with section 14 of the West Pakistan Supplementary Paddy and Rice (Control) Order, 1958, and section 6 of the West Pakistan Foodstuffs (Control) Act, 1958, and sentenced to two years' rigorous imprisonment in addition to the confiscation of the case property Exh. P. 1 to Exh. P. 4, by Mr. Muhammad Shaukat Tarar, Magistrate 1st Class, Sheikhupura, by his order dated the 6th May 1961, On appeal, the conviction of the petitioner was maintained, by Mr. Muhammad Ayub Khan, Additional Sessions Judge, Lahore at Sheikhupura, by his order dated the 2nd June 1961, who, however, reduced the sentence to six months' rigorous imprison ment. The convict has come up in revision to this Court.   The facts of the case briefly are that on receiving secret information that the petitioner was illegally husking paddy into rice, Raja Qurban Ali, Inspector of Enforcement Staff, accom panied by Malik Muhammad Yunus, Assistant Food Controller, Muhammad Rafiq, Food Inspector and Qadar Bakhsh Lambar dar, raided the mill and found the petitioner unlawfully husking paddy into rice.   In support of the story regarding the guilt of the petitioner, the prosecution producedRaja Qurban Ali (P. W. 2), Malik Muhammad Yunus (P. W. 1), Muhammad Rafiq (P. W. 3) and Qadar Bakhsh (P. W. 4). The statements of these witnesses have established the guilt of the…
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