Law:

Section:

Pakistan Petroleum (Refining, Blending and Marketing) Rules. 1971--- ----Rr. 2(b) & 43-A---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Drums containing mobile oil, said to be adulterated, were taken into possession by the Sub-Inspector of Police and samples were sent by the Executive Magistrate---Validity---Both Sub-Inspector of Police and Executive Magistrate were neither authorised nor competent under Pakistan Petroleum (Refining, Blending and Marketing) Rules, 1971 to take into possession the mobile oil and the samples therefrom---Both the officials, thus, proceeded against law---Personal and individual right of petitioner having been infringed, Constitutional petition was accepted in circumstances. JUDGMENT On 19-8-1998 at 11-50 p.m. Truck No.PRE-8797 being driven by Bashir Ahmad Driver was stopped by Amir Ahmad, S.I. Police Station Rail Barar, Faisalabad who had received the secret information that the adulterated mobile oil was loaded therein. The mobile oil was contained in 32 drums owned by Sh. Mahboob Ahmad petitioner. The S.I. obtained two samples and sealed the same. He entered the aforesaid fact at Report No.29, dated 19-8-1998 in the daily diary of Police Station Rail Bazar, Faisalabad wherein he expressed that the samples shall be sent through the Ilaqa Magistrate to Laboratory. 2. Feeling aggrieved Sh. Mahboob Ahmad petitioner has filed this writ petition wherein he asserted that the police headed by the S.H.O., Police Station Rail Bazar, Faisalabad had no lawful authority to take the said drums into custody or to obtain the samples out of the same as the same was the jurisdiction of the Director, Oil Operation Natural Resources Division, Ministry of Industries and Natural Resources, Islamabad under rule 2(b) of the Pakistan Petroleum (Refining, Blending and Marketing) Rules, 1971 (hereinafter mentioned as Rules, 1971 for brevity sake) as well as the concurrent jurisdiction. of the Deputy Commissioner tinder Rule 43-A of the said Rule,, 1971. He contended that the samples have not been taken by any competent Authority. His proposed relief is that act of the police regarding taking into its custody the said drums and…

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