Law: West Pakistan Motor Vehicles Ordinance (XIX of 1965)

Section: 16

West Pakistan Motor Vehicles Ordinance (XIX of 1965)---S.16(1)(c)--Penal Code (XLV of 1860), S.304-A--Driving licence, suspension of--No material before Authority showing conduct of licence holder (driver), that his driving was likely to be attended with danger to public--Mere pendency of a case involving fatal accident, without reasonable appreciation of facts of that case, held, could not be regarded as sufficient for purposes of Cl.(c) of S.16(1)-Such driver having been acquitted in case under 5.304-A, P.P. C. , relied against him, no material, thereafter existed on basis of which he could be punished for careless driving--Licence restored to driver. ORDER MUHAMMAD ZAHOORUL HAQ, J.--This petition is directed against the order of Superintendent of Police Traffic, Karachi, dated 30th January, 1984, suspending the driving ,licence of the petitioner for a period of three years w.e.f. 27-10-1983, and, the order thereafter passed by D.I.-G.P. Traffic, Karachi, dated 18-6-1984 and finally the order passed by the D.I.-G. Police Traffic, Karachi, dated 29-1-1985. The petitioner is a holder of motor driving licence. He was involved in a fatal accident and F.I.R. No.537/83 was registered under section 304-A, P.P. C. at Police Station Korangi. The petitioner had previously filed Petition No.904 of 1984 in High Court which has been disposed of on 5-12-1985 with the direction to the D.I.-G.P. to give personal hearing to the appellant and dispose of his appeal on merits. The present petition is directed particularly against the final order passed by D.I.-G.P. on 29-1-1985. It may be stated here that the petitioner has bee- jet at liberty and the case against him under Section 304-A, P.P.C. has been decided in his favour as he has been acquitted of the same by IVth A,C.M. Karachi, on 15-7-1985. The impugned order of the D.I.-G:P. Traffic, Karachi has proceeded on the basis that since thrk petitioner was involved in a fatal accident, therefore, the same is enough for giving him the penalty of three years suspension of licence. The D.I.-G. has not considered any previous conduct of the petitioner in respect of driving nor has he come to any conclusion on the basis of any…

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