Law:

Section:

(a) Exclusive Fishery Zone (Regulation of Fishing) Act (XXXII of 1975)-------Ss. 2(b) & 8---Notification S.R.O. No. 331 (1)/79, dated 14-4-1979--­Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider the question as to whether High Court was justified in holding that the prosecution of the accused person was not competently initiated for want of requisite notification and whether High Court was justified in entertaining the petition under S.561-A, Cr.P.C. in the case without asking the accused persons to approach the District Magistrate under S. 249-A, Cr.P.C. (b) Exclusive Fishery Zone (Regulations of Fishing) Act (XXXII of 1975)--- ----Ss. 2(b) & 8---Notification S.R.O. No. 331 (1)/79 dated 14-4-1979--­Notified Fishery Officer's authority to seize the vessel and arrest the owner and crew of the vessel for doing illegal fishing---Validity---Complaint by Deputy Director, Fisheries to concerned police against trawler engaged in illegal fishing within 35 miles of the coast with the request that case be registered against the owner and crew of the trawler and the custody of the crew be taken from Maritime Security Agency---Functionary who seized and arrested the owner and crew of the trawler was not at the relevant tune commanding any Naval ship, vessel or boat but he was on deputation with the Directorate of Fisheries and the vessel on which he was on board was pot- a navel boat or vessel---Held, under S. 8(1) in case of contravention of any provision of the Act a Fishery Officer was empowered to arrest without warrant the owner of the person incharge of the trawler and not the members of the crew who were not incharge of the vessel, besides the seizure of the trawler and fish---If the functionary was not an officer notified under the Notification, his seizure of the trawler and arrest of the owner and crew of the vessel and subsequent proceeding founded on the same would be illegal. Clause (b) of section 2 of the Exclusive Fishery Zone (Regulation of Fishing) Act, 1975 defines the term "Fishery Officer" as` means any person who is authorised by the Federal Government by notification in the official Gazette, to exercise or…

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