1987 MLD 1584 KARACHI-HIGH-COURT-SINDH

1987  MLD  1584     KARACHI-HIGH-COURT-SINDH

MASRUR AHMED

Versus

THE STATE

Criminal Procedure Code (Cr.P.C) —S.561-A–Pakistan Essential Services (Maintenance) Act (1,111 of 1952), Ss.5 & 7(3)–Pending proceedings, quashing of–Accused/ petitioners executives of Pakistan Petroleum Ltd and services of an employee of the company were terminated by them- Employee loading complaint against accused and to Deputy Commissioner who filed complaint before a Magistrate–Proceedings before a Magistrate on complaint by Deputy Commissioner–Notification dated 13–6-1968 authorised Deputy Commissioner to file complaints in Courts for offences under Act LIII of 1952 against employees connected with production, refining of Oil and natural Gas and their distribution, marketing and transmission; Notification dated 25-9-1976 authorised Deputy Commissioners to make complaints in respect of offences under said Act and Notification dated 24-9-1978 issued in respect of Oil and Gas Organisation to same effect–Pakistan State Oil Company Limited exempted from operation of the Act by notification dated 7-8-1986 but the Pakistan Petroleum Limited under which accused were working not exempted by Notification–Proceedings against accused were thus maintainable under law and complaint could be filed against them- Notifications of 1978 and 1986 would not make accused immune from prosecution- -Quashment of proceedings refused in circumstances.