Law: Prohibition (Enforcement of Hadd) Order (4 of 1979)

Section: 17,19

Prohibition (Enforcement of Hadd) Order (4 of 1979)------- Arts. 17 & 19 --- Balochistan Prohibition (Enforcement. of Hadd) Rules, 1979, R. 25 --- Constitution of Pakistan' (1973), Art. 37 --- Once licence has been granted it cannot be cancelled or withdrawn without due cause and without allowing an opportunity to the holder thereof to present his point of view- -­Considerations applicable to the grant of a privilege and to its withdrawal after its issuance --- Where the licensee had not committed any violation of the provisions of Art. 17 and cancellation of the licence was ordered on the assumption that in an Islamic State, the issuance of the licence for alcoholic drinks was not desirable, order passed by the Authority cancelling the licence being contrary to law and without lawful authority was declared by Supreme Court as of no legal effect. Even though the grant of a licence is a privilege but once it has been granted it cannot be cancelled or withdrawn without due cause and without allowing an opportunity to the holder thereof to present his point of yiew. Different considerations apply t(; the grant of a privilege and to its withdrawal, after its issuance. Once a licence has been granted, the grantee acquires a right to the enjoyment of the privilege in accordance with the terms and conditions of the grant and this right cannot be taken away during the term for which it is granted. And if it is to be withdrawn this can only be done in accordance with law. Hence, the necessity for giving the grantee a notice to show cause and an opportunity of being heard in order to prevent an arbitrary or capricious withdrawal of the privilege. In the present cases, the licences issued were cancelled during the subsistence of the term for which the licences were granted. This could only have been done for a proper cause. In these cases, the licences have been cancelled under the provisions of Article 19 of the Prohibition (Enforcement of Hadd) Order, 1979. The licensees had not committed any violation of the provisions of Article 17. The cancellation of the licence was ordered on the assumption that in an Islamic State, the issuance of the licence for alcoholic…

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