Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--West Pakistan Foodstuffs (Control) Act (XX of 1958), S.3/6--Leave to appeal granted to consider as to whether conviction could be maintained in absence of documentary evidence which was crucial in determining shortages of sugar and Atta for which accused depot-holder was charged. (b) West Pakistan Foodstuffs (Control) Act (XX of 1958)-----S. 3/6--Shortage--Accused depot-holder charged for shortage of Sugar and Atta--Neither stock register nor other documentary evidence produced to establish actual shortage--Ambiguity existing as to exact weight of stock found on physical verification by Food Inspector--Accused not questioned about shortage while being examined under S. 342, Criminal Procedure Code--Only oral and unsubstantiated evidence available in case and no credible documentary evidence existing to establish actual shortage--Conviction and sentence of accused set aside. Nur Ahmad Khan, Advocate-on-Record (absent) for Appellant. S. Ibne Ali, Additional Advocate-General, N.-W.F.P. with M, Qasim Imam, Advocate-on-Record (absent) for the State. Date of hearing: 27th October, 1985. JUDGMENT MUHAMMAD HALEEM, C.J.--The appellant who was a Depot-holder was charged for shortages of sugar and Atta upon a verification of these items with the balances in the stock register, and convicted under sections 3/6 of the West Pakistan Food Stuffs (Control) Act, 1958, and sentenced to pay a fine of Rs.1,000 or in default to undergo rigorous imprisonment for three months. His appeal against the conviction was dismissed by the Additional Sessions Judge, Nowshera, on 12th of September, 1977, and the revision in the High Court also failed as that too…

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