Law: West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)

Section: 3

(a) West Pakistan Maintenance of Public Order Ordinance-(XXXI of 1960) S. 3-Preventive detention-Isolated act of smuggling-Held, does not warrant an order of detention under S. 3.-[Preventives detention]. (b) West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960) S. 3 read with Preamble-Power of detention vesting in Government under S 3-Held, a preventive power-"Preventive detention" and 'punitive detention"-Distinction.-[Preventive detention]. Mairaj Muhammad Khan v. Government of West Pakistan P L D 1966 Kar, 282 ref. Date of bearing: 18th December 1975.                                                                                                                                                                   JUDGMENT ZAFAR HUSSAIN MIRZA, J.----The petitioner in this constitutional petition seeks to challenge the validity of an order of detention of detenu Mustaqeem son of Mohammad Ilyas, dated 10 10-1975, passed by the Government of Sind under section 3 (1) of the West Pakistan Maintenance of Public Order Ordinance, 1960 for a period of 90 days with immediate effect. 2. The case of the petitioner is that the detenu was falsely involved by Nazimabad Police Station, Karachi on 9-8-1975, in a case under section 156 (89), Customs Act, 1969, for which a F. I. R. No. 156/75 was registered. The incident in this F. I. R. relates to a charge of smuggling and it was alleged that smuggled goods worth about Rs. 10,00,000 were seized from the detenu. The detenu is said to have been released on bail in the above case by Special Judge (Customs), Karachi. It is then alleged that subsequent to the arrest of the detenu in connection with the aforesaid case, on the same day, an attempt was made by his brother Mohammad Sualeheen to offer bribe to…