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PLD 1979 Karachi 410 LAHORE HIGH COURT Constitutional Petition No. D 1666 of 1978, decided on 2nd January 1979. Date of hearing: 26th December 1978. Before Ajmal Mian and Sajjad All Shah, JJ UNITED SUGAR MILLS LTD., KARACHI -- Petitioner VS DISTRICT MAGISTRATE, SUKKUR AND ANOTHER- Respondents Khalld Anwar for Petitioner. Usman Ghani Rashid, A. G. (Sind) alongwith M. 1. Memon for Respondents. (a) Criminal Procedure Code (V of 1898) ---S. 144 Temporary orders in urgent cases Arbitrary power to pass order under S. 144(1) Not contemplated Existence of certain conditions mentioned in S. 144(1) Necessary for passing order under section Reason of certain sugar mill having b. en lifting sugar cane from a certain district and such action likely to cause deficit in two sugar mills in region, thereby jeopardising Government policy, held, does not fit in with any of objects specified in section. (b) Criminal Procedure Code (V of 1898). S. 144 Temporary orders in urgent cases Sugar mills mentioned in order of Cane Commissioner declaring District id question as reserved area not situated within limits of such District Nor such District getting its sugar quota from sugar mills mentioned in order Conten-tion of impugned order under S. 144 having been intended to maintain regular supply of sugar cane to sugar mills situated with District in question Not correct Immediate object of passing impugned order under S. 144, held, not to suppress any mischief having taken place, or about to take place, within limits of District in question. Nazeer Hussain v. District Magistrate, Sahiwal PLD 1972 Lah. 838 and Maqbool Ahmad v. Additional Deputy Commissioner, Bhawalpur P L J 1974 Cr. C (B J) 78 distinguished. (c) Criminal Procedure Code (V of 1898) --- S. 144 read with Sugar Factories Control Act (XXII of 1950), S. 10-Temporary orders in urgent cases Limits of district in question for purpose of S. 144 Quite distinct from limits fixed for reserved area under S. 10, Sugar Factories Control Act, 1950, District Magistrate having not been assigned any power under such. Act to enforce compliance of order passed under such Act. (d) Criminal Procedure Code (V of 1898) --- S. 144 Temporary orders…

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