THE STATE vs VISHANDAS AND ANOTHERs — 1970 PCRLJ 744

Citation: 1970 PCRLJ 744

Court: Sindh High Court

Year: 1970

Decision Date: 1970-09-25

Parties: THE STATE vs VISHANDAS AND ANOTHERs

Headnotes

Case cited as 1970 PCRLJ 744

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Hayat Junejo Title: THE STATE vs VISHANDAS AND ANOTHERs Case No.: Criminal Reference No. 40 of 1968 Date of Judgment:1970-09-25 Reported As: 1970 P Cr. L J 744 Result: Reference accepted JUDGMENT JUDGMENT This is a reference under section 438, Cr. P. C. By the learned Sessions Judge, Khairpur recommending that proceedings against respondents Nos. 1 and 2 pending in the Court of S. D. M. Mirwah at Kotdiji, under sections 3, 6 and 9 of the West Pakistan Foodstuffs (Control) Act, 1958, be quashed. I have heard Mr. Azizullah K. Shaikh Advocate for the respondents and Mr. S. M. Noorul Hassan the learned counsel fur the State in this case. They have both supported the reference on the reasoning of the learned Sessions Judge. The order of reference is an elaborate one and gives all the reasons in support of the recommendation of the learned Judge. I do not find it necessary to reproduce them. It is an admitted position that the respondent No. 1 was a Zaminder and respondent No. 2 was his Kamdar. The former was therefore entitled to retain the normal quantity of wheat for seed, maintenance for himself, his family, his tenants and their dependents as detailed in the declaration dated 30-6-1967. The learned Sessions Judge rightly calculated all these and came to the conclusion that the respondent No. 1 could retain even more stock than the quantity of 332 maunds 20 seers for which he was being sought to be prosecuted. Admittedly the…

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