Law:

Section:

(a) Pakistan Coal Control Order, 1948-----   ---- cls. 4 & 7-Govern ment under cl. 4 can demand information about "stocks" of coal not in addition about "monthly consumption"-Person, allegedly having sold or loaned amount of coal to other coal consuming con cerns, showing such amount of coal as having been consumed Neither contravenes any order or direction given by authority acting under Order nor guilty of offence under Essential Supplies (Temporary Powers) Act (XVIII of 1946)-Essential Supplies (Temporary Powers) Act (XVIII of 1946), S. 6.   (b) Pakistan Coal Control Order, 1948------   ---- cls. 4 & 7-Government acting under cl. 4 may require information in particular form though such form may not have been prescribed by any rule or statute-Person giving wrong information in such form-Contra venes cl. 7.   (c) Interpretation of Statutes----   --Authority acting under statute not competent to provide penalty overriding one provided by statutes itself.   (d) Interpretation of Statutes-----   --- - Penal laws - Strict con struction-Use of word "consumption" capable of wider import Restricted meaning not to be given.   Maxwell "Interpretation of Statutes", 10th Ed., p. 265 and "Oxford English Dictionary", third Ed., p. 379 ref. JUDGMENT   Gajanand Dalmia was sent up for trial before Mian Muhammad Ashraf, Magistrate section-30, Okara, for having submitted incorrect returns to the Coal Commissioner in the sense that the amount of coal allegedly sold or loaned to other coal consuming concerns by the Sutlej Cotton Mills, Okara, was included in the quantity shown as having been consumed. It was stated that this act was an offence under section 6 of the Essential Supplies Act, 1957, and was punishable as such. The accused raised a preliminary objection on the basis of the following grounds:-   That the Coal Control Order: 1948, clause 7 of which was being pressed into service by the prosecution for bringing the guilt home to the accused, was no longer in force.   That assuming it to be good law for the sake of argument, the Coal Commissioner,under clause 4…