Law:

Section:

West Pakistan Border Area Food Stuff (Control) Order, 1958--- ----S. 6---Food Stuff (Control) Order, 1990, S.2-C(iv)(a)---Constitution of Pakistan (1973), Arts. 4, 23 & 25---Smuggling of foodstuff---Accused had admitted the guilt and he now could not turn around and say that the impugned order was illegal---Section 2-C(iv)(a) of the Food Stuff (Control) Order, 1990, had authorised the Havaldar Levies to take into possession the vehicle and rice intended to be smuggled towards Border Area---Area from where the rice was seized admittedly was a prohibited area of the Border---Rice having belonged to other persons, accused could not file application for release of the same---Law had prohibited movement of the food stuff described in the Schedule in the Border Area in order to restrict smuggling to other countries---Articles 4, 23 and 25 of the Constitution were not violated in any way---Accused was not entitled to transfer the food stuff without a valid permit from the competent Authority---Revision petition was dismissed in circumstances. 1996 SCMR 1476 and 1995 SCMR 1639 ref. JUDGMENT This Petition has called in question order of Judicial Magistrate, Noshki dated 9-9-2004 and order passed by Sessions Judge Noshki dated 31-12-2004. 2. Facts of the case are that the petitioner is a Motor Driver of Bus No.QAH.8234 Quetta to Dalbandin. It was stated that on 16-8-2004 at 4-00 p.m., when he reached from Quetta to Dalbandin near Galangoor Check Post in Noshki area the Levies personnel i.e. Respondent No.3 stopped bus. It was further stated that said bus was loaded with rice 72 bags weighing 50 Kgs. each and 25 bags of rice weighing 25 Kgs. each were taken into possession and the bus was detained under section 22/112, 44/106, 90/112, 3/112 of Motor Vehicle Ordinance, 1965. It was further stated that the rice recovered were detained under section 3/7 of Food Stuff (Control) Act, 1958. 3. The Challan was submitted before the Judicial Magistrate Noshki in respect of both offences, which was decided on 9-9-2004. The record shows that petitioner pleaded guilty and was convicted under section 6 of Food Stuff (Control) Act, 1958 and fine of Rs.3,000 was imposed and in…

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