HARA LAL SARA vs THE STATE AND Another — 1970 SCMR 834

Citation: 1970 SCMR 834

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-05-30

Parties: HARA LAL SARA vs THE STATE AND Another

Headnotes

Case cited as 1970 SCMR 834

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title: HARA LAL SARA vs THE STATE AND Another Case No.: Petition for Special Leave toAppeal No. 46-D of 1970 Petition No. 446 of 1967 Date of Judgment:1970-05-30 Reported As: 1970 SCMR 834 Result: Petition dismissed JUDGMENT JUDGMENT SALAHUDDIN AHMED, J.-The petitioner has been convicted by the Special Judge on charges framed under section 6 of the East Pakistan Food (Special Courts) Act, 1956 (Act X of 1956) hereinafter called the Act upon the allegations that he kept concealed in his possession a huge quantity of joshi rice and that he carried on business in food grain, namely, rice without any lawful authority, and sentenced under the first count to a sentence of rigorous imprisonment for twenty months and under the second count to a sentence of rigorous imprisonment for eighteen months and a fine of Rs. 1,000 in default to rigorous imprisonment for six months. The sentences of imprisonment were directed to run consecutively. Having been aggrieved by this order the petitioner approached the High Court under Article 98 of the Constitution but the Rule nisi that was originally issued was discharged with only a modification of the sentence, namely, the sentences of imprisonment were ordered to run concurrently instead of con--secutively. The High Court, however, then went on to confirm the convictions and sentences with the above modification. On behalf of the petitioner it has been contended…

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