DR. HASHMAT ALI vs G. AKBAR, SPECIAL MAGISTRATE (FOOD) — 1970 SCMR 824

Citation: 1970 SCMR 824

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: DR. HASHMAT ALI vs G. AKBAR, SPECIAL MAGISTRATE (FOOD)

Headnotes

Case cited as 1970 SCMR 824

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title: DR. HASHMAT ALI vs G. AKBAR, SPECIAL MAGISTRATE (FOOD) Case No.:Civil Petition for Special Leave to Appeal No. 126-D of 1969 Petition No. 478 JUDGMENT Reported As: 1970 SCMR 824 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN. J.-The petitioner was triad along with one, Haralal, for being in possession of Joshi rice (a ration commodity) in excess of tic quantity permitted to be held under a ration card in violation of NotificationNo. 10754 F. D., dated the 24th November 1956, which is an offence punishable under section 6 of the East Pakistan Food (Special Courts) Act, 1956 (X of t 956). The trial was held by a Special Magistrate under the said Act. He convicted him and sentenced him to 20 months' rigorous imprisonment. Since no appeal lay from this order of the Special Magistrate, he invoked the special jurisdiction of the High Court under Article 98 of the Constitution of 1962, but the High Court refused to interfere, as, in its view, this was not a case of no evidence. The petitioner now seeks special leave to appeal. Learned counsel appearing on his behalf has sought to contend that a violation of the notified order mentioned in the charge could not be punished under section 6 of Act X of 1956, but it appears that this argument has been made under a misconception. The notified order was made in exercise of the powers given by the East Bengal Foodstuffs Price Control…

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