MUHAMMAD ASLAM V e r s u s S.H.O. CHOOCHAK, OKAEA
Judge Name: MUHAMMAD NASEEM CHAUDHARI Judgment Result: Petition accepted. Other Law Journal References: -s. 3, 6 & 7 read with section 420 of penal code 1860–quashment u/s. 561-a Cr.P.C.-prayer for-learned counsel for petitioner argued that no notification under sections 3/6 of price control and prevention of profiteering and holding act, 1977 had been issued by competent authority (district magistrate) fixing sale price of diesel so as to attract provisions of section 7 of act for criminal liability of writ petitioners etc.-he added that rather no notification in the matter could be issued by district magistrate, as diesel has not been included in schedule as one of items about which a notification for fixing price could be issued-according to him it is not a case of deceiving complainant so as to attract provisions of section 420 Pakistan penal code, 1860–he added that it is not a case of over charging and that act of less measuring diesel does not come within purview of cheating punishable under section 420 Pakistan penal code-on contrary learned assistant advocate general canvassed that complainant was provided/supplied less quantity of diesel from whom more price was recovered by accused to extent of 11/12 liters of diesel who was thus criminally liable and that first information report required and desired to be quashed was correctly lodged in view of section 154 of code of criminal procedure-courts view is that reasoning adopted by learned counsel for the writ petitioner has to prevail-police cannot claim supervisory jurisdiction in such like matters keeping in view substantive-cum-procedural codified law in such matters-without notification to be issued under sections 3/6 of act, 1977 for some specified period by district magistrate, keeping in view narrated/included in schedule of act, matter does not become cognizable and if aforesaid type of correct notification is issued that is operative for relevant period contained therein-however, with respect to petrol/diesel Gasoline products suffice it to express that minimum price is fixed by federal government itself and not by magistrate of district under act, 1977 who is not made competent thereof as such like item(s) stand eclipsed from schedule-further it is matter of common knowledge that prices of diesel/petrol are fixed by federal government as have been announced in the month of july, 1998-it, therefore, becomes clear that police station exceeded its jurisdiction and acted illegally by registering fir under act, 1977–no fraud was committed there is no need of section 420 ppc-alleged recovery of more amount of price than due in matter allegedly by supply of less liters does not come within and is not covered by definition of “fraud”-less measuring of diesel is to be dealt with under Punjab weights and measures (international system) enforcement act, 1975-this section 420 Pakistan penal code is mentioned by police to project its authority to make offence cognizable, even though bailable, so that affectee/victim is brought in its grip and control-held: petitioner and his co-accused are not criminally liable under section 420 Pakistan penal code 1898-cumulative effect of aforesaid analysis of matter and discussion is that fir is without jurisdiction, without authority and thus malafide which is liable to be quashed.
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