Sheikh MEHBOOB AHMAD V e r s u s S.H.O. POLICE STATION RAIL BAZAR, FAISALABAD and 3 others
Judge Name: MUHAMMAD NASEEM CHAUDHRI Judgment Result: Petition accepted. Other Law Journal References: -rr. 2(b), 34, 37 & 43-a read with s. 550 of criminal procedure code, 1898~contitutional petition under article 199 of constitution of Pakistan, 1973-adulterated mobile oil drums-detained by police- petitioner asserted police had no lawful authority to take said drums into custody or to obtain samples out of same as same was jurisdiction of director, oil operation natural resources division, ministry of industries and natural resources, Islamabad under rule 2(b) of Petroleum (refining, blending, marketing) rules, 1971 as well as concurrent jurisdiction of deputy commissioner under rule 43-a of said rules, 1971-held : drums were not taken into possession u/s. 550 of code of criminal procedure, 1898 and rather same could not be taken into possession under said provisions of law for the reason that drums were not suspected to be stolen-although deputy commissioner has expressed in the comments that petitioner was at liberty to appear before him to get redressed his grievance-this is taking autocratic view of the matter because as per para-wise comments D.C. is not aware of substantive and procedural provisions of Petroleum (refining, blending marketing) rules, 1971-executive magistrate working under deputy commissioners control and sub-inspector police have also not proceeded in accordance with law who are not competent thereof and petitioner has rightly invoked constitutional jurisdiction whose personal and individual right stands infringed-consequently drums should be delivered/ returned to petitioner-petition accepted.