Balochistan Forest Regulation, 1890
Preamble--Key to discover purpose of statute–Significance–Intention of regulation–Application out side Balochistan–Parameters–Preamble for simple reason is always considered legitimate aid to find out object and purpose of enactment–From preamble of Regulation it is explicitly clear that it was enacted to amend all other laws pertaining to Forest in Balochistan such as Civil Justice Regulation, 1890 and furthermore, said Regulation was extended to Balochistan with provision that Provincial Government may by notification in official Gazette exempt any place in those territories from operation of whole or any part of this Regulation as provided in Section 1 of Regulation–It would be mis-conceived notion that Regulation was extended to any other territory outside Balochistan–It can be inferred safely that Afghanistan is sovereign state and question of applicability of this Regulation in Afghanistan does not arise. PLJ 1998 Quetta 162 PLD 1963 Lahore 5481, PLD 1972 SC 279, PLD 1951 Lahore 293, PLD 1986 Journal 93, PLD 1981 FSC 23, PLD 1966 B.J 30, PLD 1969 Lahore 563, PLD 1972 Kar. 421, PLD 1969 Lah. 908, PLD 1952 Dacca 272, PLD 1962, Lahore 990, PLD 1975 SC 1, PLJ 1975 SC 17, PLD 1950 Pesh. 22, PLD 1953 Sindh 15, PLD 1952 Dacca 425, PLD 1958 pesh. 73, PLD 1966 Dacca 1.
Recovery of Royalty— No doubt that fine can be imposed under section 15 and 16 of Regulation, but this fine cannot be termed as “Royalty” which has several meaning–Royalty means percentage which is required to be paid under any law or directive having sanctity of law beyond it–So far “Fine” is concerned it means originally sum of money ordered to be given to someone by way of compounding–It is thus clear that “royalty” and “fine” are not one and some thing–For purpose of royalty some specific directive should have been issued by Provincial Government if 50 desired, but under garb of fine no royalty can be recovered PLJ 1998 Quetta 162
Import of timber from Afghanistan after payment of custom duty–Imposition of fine at rate of Rs. 3,000/- per truck by Forest officer–Challenge to–Perusal of section 2(7) of Regulation would reveal that word “brought” has been used which is neither synonymous or interchangeable to that of “imported” conveys meaning of bringing something from outside country by following prescribed procedure under relevant law–Words “from Forest” used in clause (a) of section 2(7) of said Regulation cannot be interpreted in such manner and stretch too for to include any Forest irrespective of its location–Lands located outside territorial limits of Pakistan has nothing to do with land mentioned in section 15–Bare reading of section 16 would reveal that conviction can be awarded only to person (a) who contravenes provisions continued in section 14 and 15 of Regulation (b) conviction up to six months or with fine upto Rs. 500/- cum be awarded in case section 14 or 15 of Regulation is violated (c) No unfettered or arbitrary powers have been given to forest department to impose fine of Rs. 3,000/- per truck as it would be violative of provisions as contained in Section 16 of Regulation which can only be invoked when some one contravenes section 14 and 15 of Regulation–Held: Provisions contained in Section 2(7) relates to those forests which are located within Pakistan–Held further Imported timber duly cleared by customs Authorities after levying of custom duty is beyond scope of section 2(7), section 14 & 15 of Regulation–Petition accepted. PLJ 1998 Quetta 162