Law:

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Keywords: Issuance, Commission, Remand, Petition, Parties, Period, Constitution, Compliance, Validity, Prejudice, Fine, Government, Apprehension, Offences, Provisions, Administrator, Petitioner, Copy, Non-Compliance, Orders, Cognizance, Constitutional Petition, Receipt, Execution, Order, Quashment, Custody, Land, Summons, Contravention, Constitution Of Pakistan, Instances, Procedure, Detention, Proceedings, Copies Result: Petition dismissed JUDGMENT SAJJAD ALI SHAH, J.- Mst. Noor Jehan has filed this Constitutional petition under Article 199 of the Constitution of the Islamic Republic of Pakistan read with section 561, Cr. P. C. And section 22(2) of Sind Crimes Control Act, 1978, in respect of detention of her husband Farid Khan son of Maid Khan, who would hereinafter be referred as detune, in connection with proceedings under section 14 of Sind Crimes Control Act, hereinafter to be referred as the said at. After hearing the learned Advocates appearing for the both parties, we had quashed the proceedings in question by allowing the constitutional petition on 21-3-1979 .For reasons to be recorded later, which follow now. The petitioner calls in question the validity of the proceedings being taken against the detune under the said Act on the ground that they are without lawful authority and of no legal effect. It is stated that respondent No. 2, who is S. H. O., Orangi Town Police Station, Karachi filed a report dated 25-9-]978 under section 14 of the said Act on which respondent No. 1 S. D. M., Nazimabad acting as Tribunal under the said Act, vide his order dated 30-9-78 issued non-bailable warrants against the detune for his arrest. The allegations in the report, which is Annexure on the record, are to the effect that the detune has no ostensible means of livelihood, cheats public by misrepresenting to them that he would sell them Government land, is in unauthorised occupation of the Government land, and misuses the water supplied in tanks by K. D. A. For the consump tion of the residents of neighbourhood. Additionally that the neighbourers are fed up with him and he should be bound down for a period of three years for good behaviour. Accompanied with this…

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